Naeem Bano Alias Gaindo vs Mohammad Rahees 2024 INSC 1000 – Art. 254 Constitution – S 106 TP Act

Constitution of India – Article 254 ; Transfer of Property Act 1882 – Section 106 -When any subject is within the scope and ambit of the concurrent list, both the Parliament as well as the State Legislature have the legislative competence to make laws on the said subject- Legislature of State of U.P. amended Section 106 by amendment dated 30.11.1954 by which the words “fifteen days’ notice” in Section 106 of the T.P. Act were substituted by “thirty days’ notice” and the substituted clause prevailed in the State of U.P. However, in view of the amendment made to Section 106 by the Parliament by Act 3 of 2003 with effect from 31.12.2002, the substitution in Section 106 made by the Legislature of the State of U.P. is impliedly repealed and Section 106 as amended with effect from 31.12.2002 by the Parliament, would apply. This is on the strength of the proviso to clause (2) of Article 254 of the Constitution- On the Parliament amending a provision subsequent to a State legislature’s amendment of a provision of law found in the Concurrent List, the Parliamentary amendment would apply. Article 254 is an instance of Parliamentary supremacy. (Para 9.3-9.6)