Honble LAHOTI, CJ.–Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act 4 of 1994) which introduced certain amendments in Sec. 5 of the Bombay Animal Preservation Act, 1954 (as applicable to the State of Gujarat) has been struck down as ultra vires the Constitution by the High Court of Gujarat. These three sets of appeals by special leave have been filed there against.

(2). A chain of events, legislative and judicial, leads to the impugned enactment. To appreciate the core issue arising for decision in these appeals and also the constitutional questions arising therein, it will be useful to set out the preceding events in their chronological order.

PART I

Backdrop of events

Legislative history leading to the impugned enactment

(3). With a view to conserve the cattle wealth of the State of Bombay, the State Government enacted the Bombay Animal Preservation Act, 1948 and prohibited slaughter of animals which were useful for milch, breeding or agricultural purposes. This Act was substituted by the Bombay Animal Preservation Act of 1954 (hereinafter referred to as ``the Bombay Act). The provisions relevant for our purpose are contained in Secs. 5 and 6. Sub

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