Subject matter of legislation identical-Repugnancy-Repeal by
necessary intendment.
HEADNOTE:
Article 254(2) of the Constitution is, in substance, a
reproduction ... allied character,
then article 254(2) will have no application. The principle
embodied in section 107(2) and article 254(2) is that when
there
question of application
of Article 254(1) and both the Acts would prevail. Thus, Article 254
is attracted only when Legislations covering the same matter ... obstante
clause in Article 246(1); in the second, by reason of Article 254(1).
Article 254(2) deals with a situation where the State
obstante clause in Article 246(1) , in the second, by
reason of Article 254(1). Clause (2) of Article 254
deals with a situation where ... virtue of Article 254(1) of the Constitution
read with Entry 41 of the Concurrent List; and,
Article 254(2) cannot afford assistance to reverse
2) to Article 254. The Supreme Court in Zaverbhai Amaidas v State of Bombay , has considered this matter. After extracting Article 254(2) , the Supreme ... under the proviso to Article 254(2) , repeal a State law".
35. Clauses (1) and (2) of Article 254 of the Constitution correspond
Articles 14 ,
19(1)(f) and 19(1)(g) of the Constitution of India. It was further
contended the having regard to Article 254(2 ... assent.
Essentials of Article 254-
10. For deciding the controversy, we found first refer to Article 254 ,
which reads thus:--
"254. Inconsistency between laws
look at Article 254 would demonstrate that
Article 239AA(3)(c) is quite similar to it. Article 254 reads as under:-
"254. Inconsistency between ... proviso to Article
239AA(3)(c).
21. Keeping this similarity between the first proviso to Article
239AA(3)(c) and Article 254(2) in mind
Minoo Framroze Balsara vs The Union Of India And Others on 1 February, 1991
Equivalent
light
of Article 254 , the fundamental question now is whether the 2019
Act qualifies as sufficient compliance of Article 254(2). For, Article
254(2 ... Article 254(2) is well settled and
reference can be usefully made to the following paragraph of Pt.
Rishikesh40:
“15. Clause (2) of Article 254
look at Article 254 would demonstrate that
Article 239AA(3)(c) is quite similar to it. Article 254 reads as under:-
"254. Inconsistency between ... proviso to Article
239AA(3)(c).
21. Keeping this similarity between the first proviso to Article
239AA(3)(c) and Article 254(2) in mind
Central Act. It is contended that, by reason of Article 254(2)
of the Constitution of India, where a law made by the Legislature ... Article 254(2) is not a matter of idle formality and in order to bring about the result
contemplated Clause (2) of Article 254
