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- secs. (1), (2) and (3) of Sec. 5 and Sec. 6 are extracted and reproduced hereunder :

``5. (1) Notwithstanding any law for the time-being in force or any usage to the contrary, no person shall slaughter or cause to be slaughtered any animal unless he has obtained in respect of such animal a certificate in writing from the Competent Authority appointed for the area that the animal is fit for slaughter.

(2) No certificate shall be granted under sub-sec. (1), if in the opinion of the Competent Authority :

(a) the animal, whether male or female, is useful or likely to become useful for the purpose of draught or any kind of agricultural operations;

(b) the animal, if male, is useful or likely to become useful for the purpose of breeding;

(c) the animal, if female, is useful or likely to become useful for the purpose of giving milk or bearing offspring.

(3) Nothing in this Section shall apply to the slaughter of any animal above the age of fifteen years for bona fide religious purposes :

Provided that a certificate in writing for such slaughter has been obtained from the Competent Authority.

(4) - (6) *** *** ***

6. No animal in respect of which a certificate has been issued under Sec. 5 shall be slaughtered in any place other than a place specified by such authority or officer as the State Government may appoint in this behalf.

(4). The Preamble to the Act stated –

``WHEREAS it is expedient to provide for the preservation of animals suitable for milch, breeding or for agricultural purposes; it is hereby enacted.........as follows :

(5). The statement of Objects and Reasons stated inter alia :

``It is now proposed to repeal the Bombay Animal Preservation Act, 1948 and to undertake fresh legislation, on the basis of a model Bill recommended by the Government of India, in order to stamp out slaughter in unauthorised placed and abetment of offences which were not covered by the Bombay Animal Preservation Act, 1948.

(6). The State of Gujarat was formed in the year 1960. The Gujarat Legislature enacted the Bombay Animal Preservation (Gujarat Extension and Amendment) Act, 1961 whereby the Bombay Act was extended to the State of Gujarat in order to achieve uniformity in law in different parts of the State with regard to this subject. The Saurashtra Animal Preservation Act, 1956 which was applicable to that part of Gujarat which formed part of the erstwhile State of Saurashtra was repealed. Apart from extending the Bombay Act, Sec. 5 of the Bombay Act, which was called ``the Principal Act in Gujarat Act of 1961, was also amended by Sec. 4 thereof which reads as under:

``4. Amendment of Sec. 5 of Bombay Act 72 of 1954 :–In Sec. 5 of the Principal Act,–

(1) after sub-sec. (1), the following sub-sec. shall be inserted, namely–

(1-A) No certificate under sub-sec. (1)shall be granted

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