Concept of Occupied field concept from Indian constitution?

Answer 1

The general concept of Occupied Field refers to the situation where two legislative authorities have jurisdiction (or legislative competence) to legislate over one particular subject or field. When the superior legislative authority has already enacted legislation on the subject or field, regardless of the fact whether it is exhaustive or otherwise, it precludes the remaining legislative body from enacting any law thereon, as the field is already "occupied".

In India this problem is particularly prevalent, since the Constitution has created two types of legislative authority, the Central Legislature, which is the paramount legislative authority in the country, and the various State Legislatures, which are each the paramount legislative authorities in their respective states. The Constitution has also laid down (in the Seventh Schedule) three lists which pertain to the sphere of legislative competence of the said legislative authorities. These are:

1. List I - the Union List: Only the Central Legislature is competent to enact laws on the subjects stated in this List.

2. List II - the State List: Only the respective State Legislature is competent to enact laws on the subjects stated in this List for a particular state.

3. List III - the Concurrent List: Both the Central Legislature and the respective State Legislatures are competent to enact laws on the subjects enumerated herein.

It is with respect to the subjects in List III where the problem of Occupied Field arises, when the Central Legislature enacts a law on a subject therein, the State Legislature is precluded from enacting a law.

However, the problem is not too severe as it is a rule of law that in the event that both the Central Legislature and a State Legislature enact a law on the common subject, they shall both be enforced, and in case of any inconsistency between the two laws, the one enacted by the Central Legislature shall prevail.