Insertion of new Article 246-A.- After Article 246 of the Constitution, the following article shall be inserted, namely:-
"246-A. Special provision with respect ... Subject to Article 246-A, Parliament" shall be substituted. 4. Amendment of Article 249.- In Article 249 of the Constitution, in clause (1), after
Article 246 and other
Articles of the Constitution” (at pg. 184)
28
17. Dealing with the non-obstante clause contained in Articles 246(1 ... contained in clauses (2) and (3) of Article 246. The
non obstante clause under Article 246(1) indicates the
predominance or supremacy
Under Article 246 (3) of the Constitution, legislative
power of States is subject to legislative powers of the Centre under Article
246(1). Since ... Article 246(1) and the words
"subject to clauses (1) and (2)" in Article 246(3) lay
down the principle of federal supremacy
made the subject of legislation, the Parliament
gets exclusive power under Article 246(1) of the
Constitution. Article 246(1) itself being, notwithstanding
anything ... nexus
would be within the legislative competence of the Parliament
under Article 246(1) of the Constitution and would be valid.
According to the learned
Constitution and the actual terms of the relevant articles, namely, Article 246 , Article 248 and entry 97 List I, show that any matter, including ... deals with "Distribution of Legislative Powers." Article 246 in this Chapter reads thus :
246.(1) Notwithstanding anything in Clauses (2) and (3), Parliament
with in Article 246 of the
Constitution. Article 246 is relevant for the present deliberation and is extracted
as under:-
"246. Subject matter ... context of Article 246 of the Constitution and held as under:-
"38. It is obvious that Article 246 imposes limitations on the
legislative powers
legislative powers whereas
Article 246 provides for distribution of the legislative powers.
Article 245 deals with extent of laws whereas Article 246 deals with
distribution ... clauses (2) and (3) of Article
246 denotes supremacy of Parliament. Further, in Article 246(1) the
expression used is “with respect to”. There
Articles 101(1)(e) and 191(1)(e) of the
Constitution and if not in these articles of the Constitution, in Article
246(1) read ... Schedule and Article 248 of the Constitution,
if not in Articles 102(1)(e) and 191(1)(e) of the Constitution.
Articles 246
indebtedness.
xxx xxx xxx
Article 246. Subject-matter of laws made
by Parliament and by the Legislatures of
States.
(1) Notwithstanding anything in clauses ... Court upheld
Section 20 in the following terms:-
“56. It is Article 246 of the Constitution which
deals with the subject-matter of the laws
said basis, it is contended that by virtue of Article
246(1) of the Constitution, the Act of 2002, so far as sale of mortgaged ... clauses (2) and (3)” in
Article 246(1) and the words “subject to clauses (1) and (2)” in Article
246(3) lay down the principle
