Legal Question of the day
(Prof. M C Gupta, Advocate & Medicolegal
Consultant)
Ans.
1.
As a general principle of law, a central law takes precedence over a state law.
A state law cannot over-ride a state law.
2. However, if no body challenges a wrong state law, it may continue to be used. A common example is the wrong state law requirement that every physician working in the state must get registered with the SMC even though his name may be already on the state register. This is in violation of the IMC Act, 1956. But doctors (who claim themselves to be genius, law abiding intellectuals next to god in the nobility of their profession), are happy accepting the wrong state law. They are not bothered about challenging it. Nor is there association, the IMA, so interested!
That is how the illegality prevails.
2. However, if no body challenges a wrong state law, it may continue to be used. A common example is the wrong state law requirement that every physician working in the state must get registered with the SMC even though his name may be already on the state register. This is in violation of the IMC Act, 1956. But doctors (who claim themselves to be genius, law abiding intellectuals next to god in the nobility of their profession), are happy accepting the wrong state law. They are not bothered about challenging it. Nor is there association, the IMA, so interested!
That is how the illegality prevails.
I think there are some typographical errors. "A state law cannot over-ride a state (read central) law."
ReplyDelete"every physician working in the state must get registered with the SMC even though his name may be already on the state (read central) register."