STATE OF J&K Vs. TAWI EDUCATIONAL TRUST

JUDGEMENT

(1.) IN terms of the provisions contained in the Constitution of India, the Parliament is entitled to make laws enumerated in List I, whereas the State Legislatures are entitled to make laws enumerated in List II. The matters enumerated in List III are such matters on which the Parliament as well as State Legislatures are competent to make laws. In the event laws are made by the Parliament as well as State Legislators on any of the matters enumerated in List -III and it transpires that the law made by a State Legislature is repugnant to the provisions of the law made by the Parliament, whether passed before or after the law made by the State Legislature, the law made by the Parliament shall prevail and, to that extent, the law made by the Legislature of the State will be void. The exception is when the law made by the State Legislature has received assent of the President, in which event, law so made will prevail in the State.

(2.) ITEM 66 of the List I is as follows:

(3.) ON March 28, 1988, Parliament made the All India Council for Technical Education Act, 1987. The purpose of enacting the said Act was to provide for establishment of All India Council for Technical Education with a view to do proper planning and co -ordinated development of technical education system throughout the country, promotion of qualitative improvements of such education in relation to planned quantitative growth and the Regulation and proper maintenance of norms and standards in the technical education system and for matters connected therewith. Section 3 of the said Act authorised the Central Government to establish a Council by the name of All India Council for Technical Education. Section 10 of the said Act specified the functions of the Council. Clause (k) thereof gave authority to the Council to grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned.