Seventh Schedule, in which case it will violate
Article 246(1) of the Constitution, or the law violates
some specific provision of the Constitution (other ... Bihar Act 15 of 2003
and hence it is ultra vires Article 14 of the Constitution of India. Section
3 of Bihar
Article 246(1) and the words "subject to clauses (1) and (2)" in Article 246 (3) lay down the principle of federal supremacy ... meaning which it can properly bear. The non obstante clause in Article 246(1) must operate only if such reconciliation should prove impossible. Thirdly
exclusive legislative competence of Parliament, it must follow in view of
Article 246(1) and (3) that no legislature of a
State can make ... State legislation has to be exercised subject to Clause (1) of Article 246 i.e., the exclusive power which the Parliament has in respect
appropriate Legislature".
5. Pursuant to the power conferred under Article 327 , Parliament has made law relating to elections in two Acts, Act XLIII ... competence of Parliament to make law in that behalf under Article 246 (1) , read with Items 72 and 95 of List I of Scheule
legislative fields
conferring jurisdiction on the respective legislature to enact
laws. Article 246 (1) gives prominence and dominance to the
Parliament in respect of legislative ... products
relatable to the Scheduled industry by virtue of Article 246 (2)
and Article 254 of the Constitution, the concurrent power of
the State under
Seventh Schedule, in which case it will violate
Article 246(1) of the Constitution, or the law violates
some specific provision of the Constitution (other ... Bihar Act 15 of 2003
and hence it is ultra vires Article 14 of the Constitution of India. Section
3 of Bihar
Seventh Schedule, in which case it will violate
Article 246(1) of the Constitution, or the law violates
some specific provision of the Constitution (other ... Bihar Act 15 of 2003
and hence it is ultra vires Article 14 of the Constitution of India. Section
3 of Bihar
Seventh Schedule, in which case it will violate
Article 246(1) of the Constitution, or the law violates
some specific provision of the Constitution (other ... Bihar Act 15 of 2003
and hence it is ultra vires Article 14 of the Constitution of India. Section
3 of Bihar
Seventh Schedule, in which case it will violate
Article 246(1) of the Constitution, or the law violates
some specific provision of the Constitution (other ... Bihar Act 15 of 2003
and hence it is ultra vires Article 14 of the Constitution of India. Section
3 of Bihar
predominate, in
the first, by virtue of non obstante clause in Article 246(1); in
the second, by reason of Article 254(1).
46. Hence
