Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969
Where a law made by the Legislature of Meghalaya with respect to one of the matters enumerated in Part C of the Second Schedule contains any provisions repugnant to the provision of an earlier law made by the Legislature of the State of Assam which that Legislature is competent to enact, or to any provision of any existing law with respect to that matter, then, the law so made by the Legislature of Meghalaya shall, to the extent of the repugnancy, be void unless the law has received assent under section 39 after the Governor has obtained the advice of the Chief Minister of Assam: Provided that nothing contained in this section shall prevent the Legislature of the State of Assam from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of Meghalaya. Explanation 1.—In this section and in sections 35 and 59, "existing law" means any law, Ordinance, order, bye-law, rule or regulation passed or made before the appointed day by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation. Explanation 2.—In this section and in sections 39 and 50, the reference to the advice of the Chief Minister of Assam shall, while a Proclamation issued in relation to the State of Assam under clause (1) of article 356 of the Constitution is in operation, be construed as a reference to the instructions from the President.
Summary
- This rule manages conflicts between laws made by the State of Assam and laws made by Meghalaya.
- It applies specifically to matters listed in Part C of the Second Schedule of the Act.
- If a Meghalaya law clashes with an earlier Assam law on these topics, the Meghalaya law is considered void, which means it has no legal power.
- A Meghalaya law can only survive such a conflict if it receives formal approval after the Governor consults the Chief Minister of Assam.
- The State of Assam keeps the power to later change or cancel any such law made by Meghalaya on these same topics.
- If the Assam government is under central rule, the President of India gives the necessary instructions instead of the Chief Minister of Assam.
Practical examples
FAQ
1. What happens if a Meghalaya law contradicts an Assam law under Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969?
According to Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969, the Meghalaya law becomes void to the extent of the conflict unless it was specifically assented to after the Governor obtained advice from the Chief Minister of Assam.
2. Does Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969 apply to all laws?
No, Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969 specifically applies to matters listed in Part C of the Second Schedule of the Act.
3. Can Assam change a law made by Meghalaya under Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969?
Yes, the proviso in Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969 clarifies that the Assam Legislature can still pass laws to add to, amend, or repeal the Meghalaya law on those specific matters.
Test yourself
Q1.Under Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969, a Meghalaya law on Part C matters is void if it conflicts with an earlier Assam law unless it receives assent after the Governor gets advice from which person?
Q2.Which part of the Second Schedule is specifically mentioned in Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969 regarding conflicting laws?
Q3.According to Explanation 2 of Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969, who provides instructions if a Proclamation under article 356 is in operation in Assam?
Q4.If a Meghalaya law is saved from being void under Section 36 of The Assam Reorganisation (Meghalaya) Act, 1969, can the Assam Legislature still repeal it later?