T.A. Periyanayakan and Another vs Government of Mysore

The petitioner is prosecuted for an offence under the Mysore Mines Act. The objection taken ''in limine'', to the case on the ground that the Act the provision of which is alleged to be contravened has become void on account of the provisions of the Constitution and the Part B States Act, has been over-ruled by the trial Magistrate. Petitioner seeks revision of this order and proceedings being quashed.

There is nothing in the Constitution of India which renders the Mysore Act ''ipso facto'' void. No. 23 in State List is Regulation of Mines and Mineral Development subject to the provisions of List l with respect to regulation and development under the control of the Union. No. 54 in List 1 is Regulation of Mines and Mineral Development to the extent to which such regulation and development under the Control of the Union is declared by Parliament by law to be expedient in the public interest. It is clear from this that the State is competent to enact laws for Mining and Mineral Development but it is subject to laws of the Union about the same. The Indian Mines Act (1923) became applicable to the State as a result of the Part E States Act. Section 6 of that Act provides for laws corresponding to the enactments mentioned therein ceasing to be operative. Since it is admitted that there is nothing in the Indian Act which corresponds to the sections now in question and the scope of the Mysore Act and the Indian Act is not identical, the purpose of each is not the same. The Mysore Act as a whole cannot be regarded as being made inoperative. The objection is untenable. The petition is consequently dismissed.