Constitutionalising Conflict of Laws: A Nuanced Approach
constitutional clat_pg advanced internship_learnMaine CLAT PG paper mein is vishay ko padha thi, phir bhi usse samajhne mein mazaak ho rha tha, tab internship par ek senior advocate se ek kirdaar dekha jisne mujhe bataya ki, "Beta, Constitutional Law ka ek tareeka hai, jismein ek kaam ka case hai, Raghbir v. State of UP (1971)". Usse padhkar pata chala ki, Constitution ke Article 254 ne Centre-State ke powers ko regulate kiya hai, jisse ek kaam ka case bhi constitutional framework mein aata hai. Senior advocate ne mujhe bataya ki, is vishay mein nuances aur complexities hote hain, jo book mein padhne se seekhne mein nahin aa sakte hain.
4 Comments
Main point of 'Constitutionalising Conflict of Laws' is to bring uniformity in laws, na? I think it's a good start, but not a complete solution. We need to consider how it'll impact international relations and global trade. For example, if one country's constitution clashes with another's, what then? Need to find a balance between national laws and global harmony.
Main toh yeh kehna chahta hoon ki constitutionalizing conflict of laws ke liye abhi zyada nuance aur zaroori nahi hai. Humne Bharat maa ke Constitution ko lagbhag 75 saal se follow kiya hai, lekin abhi bhi confusion rehti hai. Kya hamara Constitution kai conflict of laws ka answer hai? Mujhe lagta hai ki abhi tak hamare pas solution nahi hai jo is samasya ko solve kare.
Bhai, I think this topic needs a deep dive. The Constitution is evolving, and conflict of laws is a significant grey area. We can't just apply one rule for all. A nuanced approach, like a multi-factor test, would be more just. Consider the specific circumstances of each case - the parties involved, the jurisdiction, and the laws at play. Anything less would be too simplistic.
Bhai, let's not get confused. Article 372 of our Constitution clearly states that the pre-Consti laws shall continue till they are repealed or amended. So, conflict of laws is still governed by the General Clauses Act, 1897 and other pre-Consti laws. But it's true, there's a need for a more nuanced approach in line with the changing times and global trends, na?