menu
Indian Case Laws | Indian Judgments | Indian Kaanoon | Bare Acts Legislations

Section 107 - Inconsistency Between Federal Laws and Provincial or State Laws in Government of India Act, 1935 [Repealed]

snapp 107 GOIA[ 1935 0 Notes

Inconsistency Between Federal Laws and Provincial or State Laws.

(1) If any provision of a Provincial law is repugnant to any provision of a Federal law which the Federal Legislature is competent to enact or to any provi-sion of an existing Indian law with respect to oneof the matters enumerated in the Concurrent Legislative List, then, subject to the provisions of this section, the Federal law, whether passed before or after the Provincial law, or as the case may be, the existing Indian law, shall prevail and the Provincial law shall, to the extent of the repugnancy, be void.

(2) Where a Provincial law with respect to one of the matters enumerated in the Concurrent Legislative List contains any provision repugnant to the provisions of an earlier Federal law or an existing Indian law with respect to that matter, then, if the Provincial law, having been reserved for the consideration of the Governor-General [or for the signification of His Majesty's pleasure]1has received the assent of the Governor-General or for the signification of His Majesty's pleasure has received the assent of the Governor-General or of His Majesty, the Provincial law shall in that Province prevail, but nevertheless the Federal Legislature may at any time enact further legislation with respect to the same matter.

Provided that no Bill or amendment for making any provision repugnantto any Provincial law, which, having been so reserved has received the assentof the Governor-General or of His Majesty, shall be introduced or movedin either Chamber of the Federal Legislature without the previous sanctionof the Governor-General in his discretion. ;

(3) If any provision of a law of a Federated State is repugnant to a Federal law which extends to that State, the Federal law, whether passed before or after the law of the State, shall prevail and the law of the State shall, to the extent of the repugnancy be void.

_________________________

1. Omitted, by the India (Provisional Constitution) Order, 1947.

Tags:
Quick Find: snapp 107 GOIA[ 1935
GoTo:

 

 

 

close