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HindustanTimes Thu,24 Jul 2014

Presidential assent is a must for state legislation

Hitender Rao , Hindustan Times  Chandigarh, July 07, 2014
First Published: 08:02 IST(7/7/2014) | Last Updated: 08:12 IST(7/7/2014)

The report of the HS Chatha committee, which forms the basis for the proposed legislation to establish Haryana Sikh Gurdwara Prabandhak Committee (HSGPC) itself speaks about the mandatory requirement of concurrence of the central government and Presidential assent for the state legislation.

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The central nod is required in view of the fact that an Act of the Parliament, the Sikh Gurdwaras Act, 1925, is in place. The central legislation enables Amritsarbased Shiromani Gurdwara Parbandhak Committee (SGPC) to control all historical and new Sikh shrines.

The legal position in this regard is amply clarified by Article 254 of the Constitution. It says that law made by the Parliament will prevail if any provision of the law made by state legislature is repugnant to any provision of the law made by the Parliament or to any provision of an existing law with respect to one of the matters enumerated in the concurrent list.

It further says: “Where a law made by the state legislature with respect to one of the matters enumerated in the concurrent list contains any provision repugnant to the provisions of an earlier law made by the Parliament or an existing law with respect to that matter then the law so made by the state legislature shall if it has been reserved for the consideration of the President and has received his assent, prevail in that state.”

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