Showing posts with label concurrent list. Show all posts
Showing posts with label concurrent list. Show all posts

Tuesday, 29 May 2018

How to resolve inconsistency between laws made by parliament and laws by made state legislature in matters falling in concurrent list?

In such a situation arising in any case, if any inconsistency or/and repugnancy is noticed between the provisions of the Central and the State Act, which has resulted in their direct head on collusion with each other which made it impossible to reconcile both the provisions to remain in operation inasmuch as if one provision is obeyed, the other would be disobeyed, the State Act, if it has received the Assent of the President will prevail over the Central Act in the concerned State by virtue of Article 254(2) of the Constitution.

97. A fortiori, in such a situation, if the State Act has received the Assent of the Governor then the Central Act would prevail over the State Act by virtue of Article 254(1) of the Constitution.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 197 of 2018 (Arising out of S.L.P. (C) No. 29765 of 2016)

Decided On: 12.01.2018

K.A. Annamma Vs.  The Secretary, Cochin Co-operative Hospital Society Ltd.

Hon'ble Judges/Coram:
R.K. Agrawal and Abhay Manohar Sapre, JJ.

Citation: (2018) 2 SCC 729
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