to National Waterways. It is contended that under the powers of Entry 30 and Entry 32, the Parliament has enacted the Inland Waterways Authority of India Act, 1985 (hereinafter to be referred as the “Act of 1985”), which provides for permit selling up infrastructure for the National Waterways, etc.

It is the case of the petitioner that similar provision has also been enacted under Section 14 of the Act of 2018 to regulate the activities of the Inland Water Operators. Since the Transport Operators shall be operated in the National Waterways, namely, on the river Brahmaputra and River Barak, it is clear that these two Acts operate on the same subject, however, any enactment pursuant to the legislative powers conferred on concurrent list requires the assent of the President but in the present case, the Act of 2018 received the assent of the Governor only on 15.11.2018, whereas the Presidential assent has not been obtained and, therefore, the Act of 2018 is liable to be declared as inoperative and ultra vires to Article 254(2) of the Constitution of India.

4. It is also the case of the petitioner that Section 14(2)(k) of the Act of 2018 stipulates “promote public private partnership, pri