Doctrine of Occupied Field in constitutional law

repugnancy between a Union law and a State law the Union law will not allow a State law to co-exist if the Parliament intended to occupy the whole field relating to the subject e.g. An Assam Act provided that a person may be appointed as a member of an Industrial Tribunal only in consultation with the High Court. Later Parliament made a law which stated only the qualifications and did not mention consultation with High Court. It was held the Central legislation was indeed to be an exhaustive code and no consultation was required. In Deepchand the Supreme Court held that the intention of Parliament while enacting the Motor Vehicles Amending Act, 1956 was to occupy the whole field of nationalization of motor transport. Hence that the U.P. Act providing for nationalization of transport services could not co-exist. The intention to occupy the whole field should be clearly established. Where this intention can be inferred the Union law shall prevail. #study #study_lectures_by_dev_dubey #study_lectures #law #constitution