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Smt. Anandavally.M.K vs Dr. P.G.Jairaj on 14 March, 2011 IN THE

Legislature to enact legislation is contained in Article 245 of the Constitution. Parliament has, by Article 246(1) , exclusive power to make laws with respect ... under clauses 1 and 3 respectively of Article 246. The power conferred upon Parliament by Article 246(1) is notwithstanding anything contained in clauses

Seventh Schedule. By virtue of the non obstante clause contained in Article 246(1) of the Constitution, Parliament has exclusive power to make laws with ... contained in clauses (2) and (3) of Article 246. The non obstante clause under Article 246(1) indicates the predominance or supremacy

contained in clauses (2) and (3) of Article 246. The non obstante clause under Article 246(1) indicates the predominance or supremacy ... first, by virtue of the non obstante clause in Article 246(1) , in the second, by reason of Article 254(1). Clause (2) of Article

1. `Acquisition and requisitioning of property' is relatable only to Entry 42 of the Concurrent List (List III) of Schedule VII, read with Article ... 246 of the Constitution of India. This, being a `stand alone entry', cannot be incidental to any other law. The State has legislative competence

NDMC with respect to the towers. Attention is also invited to Article 239 AA (3)(a) whereunder the Legislative Assembly has been empowered to make ... laws, even if concerning/applicable to other facets would not apply. Article 246(1) r/w Entry 31 in List I of the Seventh Schedule

what is the method of resolving the same. 47. Under Article 246(2) of the Constitution, the Legislature of a State has the power ... List III (concurrent list) in the Seventh Schedule, subject to Article 246(1). Under Clause (3), the Legislature of a State has the exclusive power

legislation. The power to legislate flows, amongst others, from Article 246 of the Constitution. Article 246(2) , being the source of power incorporates ... legislate in terms of Article 246 of the Constitution. While the States would have exclusive power to legislate under Article 246(2) of the Constitution

exclusive power to levy a tax on services under article 246(1) read with Entry 92C of List I of the VIIth Schedule ... Centre and the States. This mutual exclusivity is reflected in Article 246(1) and has been noted in H.M. Seervai's Constitutional

other substantial offences. In respect to the statutory enactments, Article 246 (1) of the Constitution provides that the Parliament has exclusive power to make laws ... subjects mentioned in List II in the Seventh Schedule subject to Article 246 (1) and (2). Article 246 (2) provides that notwithstanding anything in Clause