Legislation by reference
Swami Sadashiva Brahmendra Sar
(Querist) 07 January 2011
This query is : Resolved
When a statute "A" is made on the line of another statute "B" and provisions of "B" are incorporated in "A", any change in the "B" statute will not affect "A" - it is called legislation by incorporation . But when provisions of statue "B" are not incorporated but only referred in statute "A", any change in "B" shall automatically apply to "A" - it is called legislation by reference.
The question is when a State is reorganized and a new State is carved out, whether any change by the original legislature in statute "B" will be applicable to statute "A" in new State ?
R.Ramachandran
(Expert) 07 January 2011
No. It will be applicable only if the new State adopts such provision specifically.
Gulshan Tanwar
(Expert) 08 January 2011
Article 254 comes into action for the same; and in this regard the doctrine of Occupied field may be called in to solve the things.
A X state had been carved out from Parent State and On the date of its formation, many constitutional things had developed and the Legislature of X state had adopted the Central Act instead of the Parent State.
The only thing is to be considered that the Statute is in consonance with the spirits of the Constitution.
