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
Amendment of Article 270.- In Article 270 of the Constitution,-
(i) in clause (1), for the words, figures and letter "Articles ... clause (1), the following clauses shall be inserted, namely:- "(1-A) The tax collected by the Union under clause (1) of Article 246-A shall
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
extent of the repugnancy, be void. He submitted that Clause (2)
of Article 254 stipulates that where a law made by the Legislature ... assent, prevail in that State. Looking to the
provisions of Article 246 and 254 of the Constitution of India, Mr
Jain submitted that the question
fields of taxation
are concerned. The mutual exclusivity as reflected in Article 246(1) of
the Constitution requires the taxing entries to be construed ... part of the
State. However, Article 245 (1) opens with phrase „subject to the provisions
of this Constitution.‟ Article 246 (1) provides that notwithstanding anything
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
Mr. Abhishek Rai vs Union Of India on 11 March, 2016
Equivalent citations: AIR 2016
Orders issued from time to
time under Article 370 makes it clear that Article 246 (1) read with Entry
45 and 95 List I would ... First and foremost, in sub-clause (1)(c) of Article
370 , the provisions of Article 1 and Article 370 itself are said to apply
point turns. Article 246(1) reads:
‘246. Subject-matter of laws made by Parliament and by the legislatures of
States.—(1) Notwithstanding anything in clauses ... that context is clause (3) of the article
which runs:
‘246. (3) Subject to clauses (1) and (2), the legislature of any State has
exclusive
norms, the power has to be struck
down as being violative of Article 14 of the Constitution" .
Therefore in terms of the direction ... activities which are permissible for banks to
carry on. As per Article 246(1) of the Constitution, the
Parliament has the exclusive power to make
