December,11,2016:
There was a clash between Central Law and Delhi Assembly Legislated Law.
While dealing with an issue related to Cow slaughter, a Metropolitan Magistrate found that there were two enactments governing the field.
First is the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and the second is Delhi Agricultural Cattle Preservation Act, 1994.
The first Act was extended by the central govt through a notification issued under the Union Territories Laws Act, 1950 and the second was enacted by the Delhi Legislature which also claims to have repealed the first law.
The prime question was which of the two laws was to be followed.
The court found on the basis of several authoritative pronouncement by (9 judges, 5 judges and 3 judges bench) of Hon'ble Supreme Court that once a state law is extended to Delhi by central govt, the same gets the status of law enacted by Parliament specially for Delhi and has to be treated as a central law.
Having been doubtful about the power of Delhi Legislature to repeal a central law (in the case on hand, the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 as extended in Delhi) for the reason that Hon'ble Delhi High Court has already asserted in Court Fee Amendment case that Delhi Legislature does not have power to amend/repeal a central law, the judge indicated that he was inclined to send a reference on the issue to Hon'ble High Court of Delhi.
However, Delhi Police and Delhi Govt sought time to file reply on the repealing power of Delhi Legislature.
The Court found that there were several other central laws in Delhi which have been repealed or amended by Delhi Legislature and all such laws would be affected on the question of repealing power of Delhi Legislature. Therefore, the Court granted time.
The court also cited some such laws, one of which is CrPC, 1973. Be it noted that only one notified amendment to CrPC is in existence presently which has been done by the Delhi Legislature which was made in the year 2011 amending Section-8.
A bare look at the unamended Section-8 of CrPC clears that once an area is declared as metropolitan area, there remains only a power to extend the area or limit or reduce the same but there is no power to divide the area.
In 1974, entire Delhi was declared as one Metropolitan area and therefore, the govt would have no power to divide the same into several metropolitan areas.
Delhi Legislature in the year 2011 amended the CrPC and power to divide a metropolitan area was provided to the Govt. and as such, Delhi was divided and 11 metropolitan areas were carved out.
If the amendment made by the Delhi Legislature in CrPC (a central law) is found to be unsustainable, the consequent division of Delhi in several metropolitan areas has to go.
Court Order on Cow Slaughter Law in Delhi by latest laws team on Scribd
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