Erie
pratik
(Querist) 08 June 2012
This query is : Resolved
Meaning of erie doctrine & where it is applicable in india.
any case on it.
R.K Nanda
(Expert) 08 June 2012
Academic query.
Ramanathan G
(Expert) 08 June 2012
I am not able to understand what it is - besides name of the doctrine, if entire text and circumstances/ facts are written, then only any one can help you.
Guest
(Expert) 08 June 2012
Dear Pratik,
Had you given any background of some specific problem the experts would have helped you to solve your query. It is not understood, how you have come across the term "Erie Doctrine" as it has no concern with India.
The Erie doctrine is applicable in USA where every US State has its own Supreme Court, while above all, Federal Court of USA exists due to its unique federal system of the US States.
The doctrine follows from Supreme Court landmark decision in Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188 (1938), decided on April 25, 1938, written by Justice Louis Brandeis. The case overturned Swift v. Tyson, which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state, in cases based on diversity jurisdiction.
American Erie doctrine is a fundamental legal doctrine of civil procedure mandating that a federal court in diversity jurisdiction must apply state substantive law.
However, basic fundamentals of India's Supreme Court vis-a-vis the State Courts of India can also be considered to be similar in nature.
J K Agrawal
(Expert) 08 June 2012
This rule simply says that when there is conflict between state laws and central laws and the state laws could be applied it should be prevailed over the central laws.
(The reason behind it is that the central laws are common laws where as, if any particular state want any modification suitable to conditions of that state, it should be given privilege over central general rules)
In Swift v. Tyson it was question that the rule is applicable to codified law only or on common laws also? and the Erie rule turned hostile that the rule can be applied on codified law only and the Common law should be intact.
