JAGDISH SINGH KHEHAR, S. H. KAPADIA, D. K. JAIN, S. S. NIJJAR, RANJANA PRAKASH DESAI
State of Kerala – Appellant
Versus
Mar Appraem Kuri Company Ltd. – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The relevant date for determining repugnancy under Article 254(1) of the Constitution is the date of enactment of the law, not its commencement (!) (!) .
When a Union law expressly or implicitly repeals a State law, the transactions and rights accrued under the State law prior to the repeal are preserved under the provisions of the General Clauses Act, Section 6 (!) (!) .
The enactment of a Central law covering the entire field of a subject in the Concurrent List results in the implied repeal of conflicting or inconsistent State laws from the date of the Central law’s enactment (!) (!) .
The date of assent by the President or Governor signifies the law’s enactment and makes it a part of the statute book, regardless of whether it has been brought into force or not (!) (!) .
The law’s making is complete once the assent is given; the actual commencement or enforcement date does not affect the law’s status as enacted (!) .
In cases of conflict, the law enacted by Parliament prevails over State laws, especially when the Central law is intended to occupy the entire legislative field in a particular subject matter (!) (!) .
The process of repealing or overriding a State law can occur both explicitly and by implication, particularly when the Central law explicitly states its intention to occupy the entire field (!) (!) .
The application of a law, even if not yet enforced or notified in a particular State, can be considered effective from the date of its enactment if it covers the entire field of regulation (!) (!) .
The insertion of new provisions into a State law after the enactment of a Central law does not automatically render those provisions valid if they conflict with the Central law, especially without proper Presidential assent under Article 254(2) (!) (!) .
The law’s status as "in force" depends on the law’s enactment and not solely on its enforcement or notification in a particular jurisdiction (!) (!) .
The repeal of a State law by the enactment of a Central law is effective from the date of the Central law’s enactment, unless the Central law explicitly states otherwise (!) (!) .
The law’s effect in law, including rights and liabilities, is preserved under the General Clauses Act, Section 6, even after implied or express repeal (!) (!) .
The legislative process, including assent and publication, signifies the completion of law-making, and the law becomes operative from the date of assent or as specified in the law, independent of its enforcement (!) .
The determination of repugnancy and the effect of repeal are based on the intention of the Legislature, as evidenced by the language of the law and constitutional provisions (!) (!) .
The application of the law is prospective unless explicitly made retrospective; the timing of enforcement or notification does not alter the law’s validity from the date of enactment (!) (!) .
Please let me know if you need further elaboration or specific legal interpretations.
JUDGMENT
S.H. Kapadia, C.J.I.
Introduction
1. By order dated 18.02.2009 in Civil Appeal No. 6660 of 2005 in the case of State of Kerala v. Mar Appraem Kuri Company Ltd., the referring Bench of 3-judges of this Court doubted the correctness of the view taken by a 3-judges Bench of this Court in Pt. Rishikesh and Anr. v. Salma Begum (Smt) (1995) 4 SCC 718. Accordingly, the matter has come to the Constitution Bench to decide with certitude the following core issues of constitutional importance under Article 254(1) of the Constitution.
Scope of the Reference - when does repugnancy arise?
2. In the present case, the question to be answered is - whether the Kerala Chitties Act 23 of 1975 became repugnant to the Central Chit Funds Act 40 of 1982 under Article 254(1) upon making of the Central Chit Funds Act 40 of 1982 (i.e. on 19.08.1982 when the President gave his assent) or whether the Kerala Chitties Act 23 of 1975 would become repugnant to the Central Chit Funds Act 40 of 1982 as and when notification under Section 1(3) of the Central Chit Funds Act 40 of 1982 bringing the Central Act into force in the State of Kerala is issued?
3. The question arose before the Full Bench of the Allahabad H
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