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1 - 10 of 20 (0.26 seconds)Article 254 in Constitution of India [Constitution]
The Amending Act, 1897
Section 21 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Companies Act, 1956
The Arbitration Act, 1940
The Repealing and Amending Act, 2015
M. Karunanidhi vs Union Of India on 20 February, 1979
"It would be seen that so far as
clause (1) of Article 254 is concerned, it
clearly lays down that where there is a direct
collision between a provision of a law made by
the State and that made by Parliament with
respect to one of the matters enumerated in
the Concurrent List, then, subject to the
provisions of clause (2), the State law would
be void to the extent of the repugnancy. This
naturally means that where both the
State and Parliament occupy the field
contemplated by the Concurrent List,
then, the Act passed by Parliament, being
prior in point of time, will prevail and
consequently the State Act will have to
yield to the Central Act. In fact, the scheme
of the Constitution is a scientific and equitable
distribution of legislative powers between
Parliament and the State Legislatures. First,
regarding the matters contained in List I, i.e.
the Union List to the Seventh Schedule,
Parliament alone is empowered to legislate
Patna High Court REQ. CASE No.14 of 2016 dt.20-10-2016
17/33
and the State Legislatures have no authority
to make any law in respect of the Entries
contained in List I. Secondly, so far as the
Concurrent List is concerned, both Parliament
and the State Legislatures are entitled to
legislate in regard to any of the Entries
appearing therein, but that is subject to the
condition laid down by Article 254(1)
discussed above. Thirdly, so far as the matters
in List II, i.e. the State List are concerned, the
State Legislatures alone are competent to
legislate on them and only under certain
conditions Parliament can do so. It is,
therefore, obvious that in such matters
repugnancy may result from the following
circumstances: