Judgment

Shah, J.—

CA Nos. 2555, 1320, 1351, 2192, 2218, 2622-2623, 3047 and 3053 of 1991:

Short but important question involved in these matters is - whether the "assent" given by the President under Article 254(2) of the Constitution of India with regard to the repugnancy of the State legislation and the earlier law made by the Parliament or the existing law could only be qua the "assent" sought by the State with regard to repugnancy of the laws mentioned in the submission made to the President for his consideration before grant of assent? Or would it prevail qua other laws for which no assent was sought?

2. The contention is, once the President grants the assent to the State legislation, the State law would prevail on the said subject and such assent would be deemed to be an assent qua all earlier enactments made by the Parliament on the subject.

3. This contention is negatived for the reasons recorded hereinafter. It is held that consideration by the President and his assent under Article 254 (2) is limited to the proposal made by the State Government; the State legislation would prevail only qua the laws for which repugnancy was pointed out and the assent of the Preside