Sudhir Singh And 2 Others vs State Of U.P. And 4 Others on 5
Nedumpilli Finance Company Limited vs State Of Kerala . on 10 May, 2022
Author: V. Ramasubramanian
Insertion of new Article 246-A - After article 246 of the Constitution, the following article shall be inserted, namely:--
"246-A. Special provision with ... Article 246-A was inserted with overriding effect to Articles 246 and 254 of the Constitution of India. By Clause (1) of Article 246
Satyajit Kumar vs The State Of Jharkhand on 2 August, 2022
Author: M.R. Shah
after Article 246 of the Constitution of India a new Article
246-A came to be inserted. Article 246-A reads as under:
"246A ... basis of Article 246 read with Entry 54 of List II, as amended,
or under Article 246 A or in terms of Section
question is legally
sustainable?"
8. POINT No.(i)
Article 246(1) of the Constitution deals with subject matter of
laws to be made ... State
Rules, but in view of the provisions contained under Articles 246 , Entry 2,
List I-Union List, (Seventh Schedule), it cannot enlarge the meaning
said conclusion,
this Court referred to the non-obstante clause
in Article 246(1).
11 In view of the above, we are of the
considered
submissions of the State of Meghalaya in
respect of Article 246(1) that under the said provision, Parliament
has exclusive power to make laws with ... Article 246 of the Constitution.
In other words, the Entries define the areas of legislative
competence of the Union and State Legislature.
55. Article 246
will be ultra
vires because of the non obstante clause in Article 246(1) read with
Article 246(3). The State law in that case ... Limited & Anr.29 which had dealt with the efficacy
of Article 246(1) of the Constitution.
14. It is also urged that the appellants
entitled to the protection of Section 79(1) thereof
has been taken by the DNRs in response, as a point in defence. The
issue ... 1) of the Government of India Act,
1935 and in Article 246(1) of the Constitution] "are of wide import as
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