GAURAV GUPTA Vs. STATE

JUDGEMENT

(1.) ALL these petitions are disposed of by this common judgment and order as common question of law is involved in all these petitions.

(2.) THE Rajasthan Finance Act, 2000 (for short "the Act") received the assent of the Governor on 9. 05. 2000. Chapter 6 relates to amendments in Rajasthan Stamp Law (Adaptation) Act, 1952.

(3.) IT was vehemently submitted by learned counsel Mr. B. L. Purohit, Mr. G. R. Goyal, and Mr. H. S. Sandhu for the petitioners that when the State Government failed in its attempt to curtail the rights of citizens by amending identical Rule, which were held to be ultra vires by this Court, this device has been found out by the State and Sec. 56 (1) of the Act is amended under the Rajasthan Finance Act, 2000 but his Excellency the President of India has rightly not given his consent, as provided under Article 254 (2) of the Constitution of India. IT was also submitted by the learned counsel for the petitioners that when there is concurrent jurisdiction of the Central and State, then the Central enactment cannot be enacted by enacting State Legislation which is repugnant to the Central Legislation unless and until his Excellency the President of India gives his assent to it as provided under Article 254 of the Constitution of India. IT was submitted that considering hardships to be faced by the citizens of State of Rajasthan, his Excellency the President of India has not given his consent to the Act of 2000. Therefore, amended Sec. 56 (1) of the Act must be declared as ultra vires and accordingly, it may be struck down.