Section 12A of CoI : Section 12A: Application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya

Explanation using Example

Example 1:

Scenario: The District Council of Khasi Hills in Meghalaya passes a law regulating the use of forest resources within its jurisdiction. This law includes provisions for issuing permits for logging and penalties for illegal logging.

Conflict: The Legislature of the State of Meghalaya later passes a state-wide law that also regulates forest resources, but with different rules and penalties.

Application of Section 12A:

• According to Section 12A(a), if the provisions of the District Council's law are repugnant (i.e., in conflict) with the state law, the state law will prevail.
• For instance, if the District Council's law allows logging permits to be issued more easily than the state law, the state law's stricter permit requirements will override the District Council's provisions.
• Therefore, the District Council's law will be void to the extent of the conflict, and the state law will be enforced.

Example 2:

Scenario: The Parliament of India passes a new environmental protection law that includes provisions for the conservation of wildlife and natural habitats across the country.

Application of Section 12A:

• The President of India, recognizing the unique cultural and environmental needs of the Garo Hills autonomous district in Meghalaya, issues a notification under Section 12A(b).
• The notification specifies that the new environmental protection law will not apply to the Garo Hills autonomous district, or it will apply with certain modif...

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