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N.K.Assumi (Advocate)     26 October 2013

Amendments of central acts by the state

If a central Acts is enforced in a particular State, can that State amend the Central Acts and enforce in its State with the assent of the Governor and not the Presidential assent? Is such State Amendment valid?


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 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 October 2013

Central Act willprevail over the State Act for the time being. But it is for the court to decide which Act willprevail

Kolla V. Raman (Founder Chairman of Global Lgal Services)     27 October 2013

 Law enacted by the Parliament of India  is List III Schedule 7 of the constitution of India, State Government amend central law it must obtain assent of the President of India  then it will prevail, otherwise central law will prevail. 

N.K.Assumi (Advocate)     27 October 2013

Thanks for the responds. The said central acts was passed under the Union List and not even the concurrent list. Thanks once again for the clarifications.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 November 2013

There are three lists under the Constitution viz (1) the Central list (2) the State list and (3) the concurrent list. Under the concurrent list States can independently legislate, where there is no Central legislation or can add riders to the Central legislation. Of course the assent of the President would be required. For instance IPC 498A is a Central legislation. Under the Section police can arrest husband or relatives just on receipt of a complaint. But some States have added riders like that police should obtain the order of a Magistrate to act. Personal laws are in the concurrent list. The Hindu Marriage and Divorce Act came into effect in 1955. Even before there was a similar legislation in the then Madras State. But it got superseded when Central legislation became effective.


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