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Legislative Competence

State of Kerala v. Mar Apparem Kuri Company, AIR 2012 SC 2375

ISSUE:

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What would be the effect of law if such an act is repealed on the grounds of repugnancy?

RULE:

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.

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