Comprehension
The constitutional validity of the West Bengal Housing Industry Regulation Act, 2017 (WB-HIRA) was challenged on the basis that both WB-HIRA and a Parliamentary enactment, namely, the Real Estate (Regulation and Development) Act, 2016 (RERA) are relatable to the legislative subjects contained in Entries 6 and 7 of List III (Concurrent List) of the Seventh Schedule of the Constitution of India. WB-HIRA has neither been reserved for nor has it received Presidential assent under Article 254(2) of the Constitution of India, which was necessary since it was going to occupy the same field as the RERA, a law which had been enacted by the Parliament. The State enactment contains certain provisions which are either: directly inconsistent with the corresponding provisions of the Central enactment; or a virtual replica of the Central enactment; and Parliament having legislated on a field covered by the Concurrent List, it is constitutionally impermissible for the State Legislature to enact a law over the same subject matter by setting up a parallel legislation. The analysis indicates repugnancy between WB-HIRA and RERA. Undoubtedly, as Article 254(1) postulates, the legislation enacted by the State legislature is void ‘to the extent of the repugnancy’. There is, not only a direct conflict of certain provisions between the RERA and WB-HIRA, but there is also a failure of the State legislature to incorporate statutory safeguards in WB-HIRA, which have been introduced in the RERA for protecting the interest of the purchasers of real estate. For repugnancy under Article 254 of the Constitution, there is a twin requirement to be fulfilled: firstly, there has to be a ‘repugnancy’ between a Central and State Act; and secondly, the Presidential assent has to be held as being non-existent. The test for determining such repugnancy is indeed to find out the dominant intention of both the legislations and whether such dominant intentions of both the legislations are alike or different. A provision in one legislation in order to give effect to its dominant purpose may incidentally be on the same subject as covered by the provision of the other legislation, but such partial or incidental coverage of the same area in a different context and to achieve a different purpose does not attract the doctrine of repugnancy. In order to attract the doctrine of repugnancy, both the legislations must be substantially on the same subject. Hence, WB-HIRA is repugnant to the RERA, and is hence unconstitutional.
Question: 1
Which of the following is not an element of the twin requirement test to determine repugnancy under Article 254 of the Constitution of India?
Which of the following is not an element of the twin requirement test to determine repugnancy under Article 254 of the Constitution of India?
Updated On: Jul 11, 2024
- Repugnancy between the Central Act and State Act within the Concurrent List.
- State Act has been reserved for the consideration of the President.
- State Act has received accent of the President.
- Both (B) and (C).
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D): Both (B) and (C).
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Question: 2
Which of the following statements regarding Entry 7 of List III (Concurrent List) of Seventh Schedule of the Constitution of India is untrue ?
Which of the following statements regarding Entry 7 of List III (Concurrent List) of Seventh Schedule of the Constitution of India is untrue ?
Updated On: Jul 11, 2024
- Contract relating to carriage of goods falls under Entry 7 of the Concurrent List.
- Contract relating to agriculture land falls under Entry 7 of the Concurrent List.
- Contract relating to agency falls under Entry 7 of the Concurrent List.
- Contract relating to partnership falls under Entry 7 of the Concurrent List.
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Contract relating to agriculture land falls under Entry 7 of the Concurrent List.
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Question: 3
Where the State legislature enacts an Act on a subject vested to State legislature by the Constitution of India, if incidentally, the provisions of such a State Act operates on a subject which is exclusively vested to the Parliament, such incidental coverage of the same area shall attract the test of:
Where the State legislature enacts an Act on a subject vested to State legislature by the Constitution of India, if incidentally, the provisions of such a State Act operates on a subject which is exclusively vested to the Parliament, such incidental coverage of the same area shall attract the test of:
Updated On: Jul 11, 2024
- Repugnancy
- Pith and substance
- Colourable legislation
- Superior legislation
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Pith and substance
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Question: 4
The word ‘assent’ used in Article 254 (2) of the Constitution of India means:
The word ‘assent’ used in Article 254 (2) of the Constitution of India means:
Updated On: Jul 19, 2024
- A constitutional formality of obtaining consent of the President for promulgating a new Act.
- An express agreement of mind to what is proposed by the State Legislature by enacting a new law on the same subject on which the Central law already exists.
- An express agreement of mind to what is proposed by the State Legislature regarding repugnancy.
- Both (B) and (C).
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D): Both (B) and (C).
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Question: 5
Article 254 (2) of the Constitution of India applies to the matters enumerated in:
Article 254 (2) of the Constitution of India applies to the matters enumerated in:
Updated On: Jul 11, 2024
- The Union List
- The State List
- The Concurrent List
- The Union List and the State List
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): The Concurrent List
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Question: 6
In case of inconsistency between a law made by Parliament and law made by the Legislatures of State, the law made by the Legislature of the State shall:
In case of inconsistency between a law made by Parliament and law made by the Legislatures of State, the law made by the Legislature of the State shall:
Updated On: Jul 11, 2024
- Completely be void.
- To the extent of the repugnancy, be void
- At the discretion of the Parliament, be void.
- At the discretion of the Court, be void.
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): To the extent of the repugnancy, be void
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