Whether the state legislature is competent to enact the Oriental Gas Company Act, 1960?
Entry 24 and 25 in the state list says that the State legislature has exclusive power to pass laws relating to "industries subject to the provisions of entries 7 and 52 of List and Gas and gas-works" respectively. Entry 24 needs to read along with Entry 7 and 52 of the list.
Entry 52 of the state lists includes "Taxes on the entry of goods into a local area for consumption, use or sale therein."
Whether the Tobacco Board Act enacted by the Parliament under Entry 52 of List I can be held to be constitutionally valid and within the legislative competence of the Parliament?
Can both the Acts, namely the tobacco board act and the Agricultural Produce Market Act, be allowed to operate?
If there is a repugnancy between the two, then whether the Central Act would prevail?
Entry 52 of the Union List says that the Union can legislate on “Industries, the control of which by the Union is declared by Parliament by law to be expedient in the public interest.”
Whether the Armed Forces [Special Powers] Act and the Assam Disturbed Areas Act, 1955, unconstitutional?
Whether by conferring itself the power to declare an area as a "disturbed area", the centre is legislating on the matter of public order, which has been mentioned as an entry under the State List.
Article 248 of the Constitution states that the parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
Moreover, by the 42nd amendment, Entry 2A was added to the Union lists, which is as follows- "deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any state in aid of the civil power, powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment."
Public order has been mentioned as an entry in the state list.
Whether the making of the law or its commencement brings about repugnancy or inconsistency as envisaged in Article 254(1) of the Constitution?
What would be the effect of law if such an act is repealed on the grounds of repugnancy?
Article 254 (1) of the Constitution essentially states that if there is any inconsistency between laws passed by Parliament and those passed by a state legislature, the former should prevail.
