Or would it prevail qua other laws for which numberassent was sought?
Proposal by the State is sine qua number for companysideration and assent.
This companytention is negatived for the reasons recorded hereinafter.
A telegraphic message dated 25th February, 1986 sent by the Special Commissioner, New Delhi, addressed to two Secretaries of the State of Maharashtra and the Secretary to the Governor of the State of Maharashtra shows that the President accorded his assent to this Bill on 23rd February, 1986.
It is held that companysideration by the President and his assent under Article 254 2 is limited to the proposal made by the State Government the State legislation would prevail only qua the laws for which repugnancy was pointed out and the assent of the President was sought for.
The companytention is, once the President grants the assent to the State legislation, the State law would prevail on the said subject and such assent would be deemed to be an assent qua all earlier enactments made by the Parliament on the subject.
Thereafter, the Court granted Certificate that substantial question of law relating to the interpretation of the Constitution arises and hence, on the basis of that certificate, these appeals are filed before us.
513909513 J U D G M E N T Shah, J. CA Nos.
2555, 1320, 1351, 2192, 2218, 2622 2623, 3047 and 3053 of 1991 Short but important question involved in these matters is whether the assent given by the President under Article 254 2 of the Constitution of India with regard to the repugnancy of the State legislation and the earlier law made by the Parliament or the existing law companyld only be qua the assent sought by the State with regard to repugnancy of the laws mentioned in the submission made to the President for his companysideration before grant of assent?
