In Brief
The State of Tamil Nadu enacted three land acquisition Acts in 1978, 1997, and 2001 for specific purposes (Harijan welfare, industry, and highways). The Madras High Court declared these void as repugnant to the 2013 land acquisition Act made by Parliament. The State subsequently enacted the 2019 Act to revive these three Acts with Presidential assent under Article 254(2). The Supreme Court upheld the 2019 Act as a valid legislative exercise, holding that the State had competence to retrospectively validate the nullified Acts by removing the defect identified by the High Court (the improper method of revival through Section 105A). The Court held that Article 254(2) allows State laws to prevail despite repugnancy once Presidential assent is obtained, and that referential legislation (incorporating prior Act provisions by reference) is a permissible form of re-enactment.
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