India’s Adoption of the Doctrine of Occupied Field: A Comparative Study with Australia | Pradhyuman
Pradhyuman Singh in India’s Adoption of the Doctrine of Occupied Field: A Comparative Study with Australia, analyses the recognition of the doctrine of occupied field in India. The discussion around the doctrine in this article is centric to Article 254 of the Constitution. The author attempts to delve into the constitutional text, the historical context of the doctrine as well as judicial pronouncements which led to the adoption of the doctrine in India. The author however argues that the Supreme Court has failed to provide a well-reasoned argument for the adoption of the doctrine. The Court has instead relied heavily on Australian jurisprudence present on the doctrine. Since the justification of the doctrine stems from Australian jurisprudence, the author subsequently makes a comparative analysis with the Australian Constitution. Through this paper, the author attempts to provide a doctrinal basis for the recognition of the doctrine of occupied field in India.
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