items 27 and 29 of List II. Quoting the
observations of Federal Court to the effect ;
"It must inevitably happen from time to time ... Founding Fathers apprehended that in the
name of national interest the federal character of the Indian
polity could be completely destroyed and India could
recalcitrant State should have been
prevailed upon. In a semi-federal system of Government,
which has been adopted under the Indian Constitution, all the
essential ... both legislative and executive have been
conferred upon the Central Government. True Federalism
means the distribution of power between a Central Authority
and the Constituent
Union Of India (Uoi) And Anr. vs Azadi Bachao Andolan And Anr. on 31 May
then and only then, will the non-obstante clause operate
and the federal power prevail." In Calcutta Gas Co. Ltd. Vs. The
State
discrimination, as the case may be.
(See [1988] 3 SCC 91 : Federation of All India Customs and Central Excise
Stenographers (Recognised) and Ors., v. Union
been stressed in a number of cases by the
Privy Council, the Federal Court and more recently by this
Court. [See: The Central Provinces
then and only then, will the non-obstante clause operate
and the federal power prevail." In Calcutta Gas Co. Ltd. Vs. The
State
