Chennai: Tamil Nadu’s new battle for memo Neet is impossible or easy, because it’s as many constitutional politics.
Politics, because it will require the agreement of the United States and the President’s approval.
Constitutional, because of education, after the 42nd amendment, is on the same list where the center and countries have the same strength to enforce laws.
“During education, at the same list, the state government can enforce the law,” said Justice D Hariparanthaman, who retired as a judge of the Madras High Court.
However, he added that the law would not take effect until the center gave a nod.
In 2017, the AIADMK government made a similar effort, but it did not chase him.
The President refused.
There are several state-specific laws regarding the simultaneous list subjects set by Tamil Nadu and get the president’s approval.
For example, in 2006 Tamil Nadu went with an entrance exam for professional courses.
Tamil Nadu was included in the Professional Education Institution Law, 2006, received Presidential Approval in March 2007, and in March 2011, the Supreme Court to enforce state law.
Likewise, it is a special amendment to Tamil Nadu in Hindu marriage laws that enable a Hindu to get married without joining the ritual.
Section 7 (a) was included in the law by the Government An Annadurai.
No other country has this provision.
In 1977, the Mgr Government included Part 2 (a) (2) in the Industrial Dispute Act, allowing an individual worker to increase disputes without government references.
Although this subject is occupied together by the government and the state government, and when even fortresses such as Bengal and Kerala do not have such laws, the center gave approval for special amendments to Tamil Nadu.
Jallikattu is the latest Tamil Nadu law that gets the president’s assistant despite different from the stand center.
In January 2017, by changing the prevention of cruelty to animal laws (subjects at the same list), Tamil Nadu ensured that Jallikattu was released from the list of shows that were banned by animals.
In 1994, the Jayalalithaa government took Houdini’s actions when Tamil Nadu, with only 39 parliamentarians, gathered the majority of two-thirds in parliament of members 534 to include 69% of the reservation in the ninth schedule, thus isolated the law of state from the judicial review.
“Just as it is now, even the problem is politically as a constitutional.
It is a quid pro quo by the government of Jayalalithaa for its support to the Government of PV Narasimha Rao to pass through Pancayati Raj acting in parliament,” said HariParanthaman justice.
The possibility of law rejected by the Workers Government does not mean Tamil Nadu may not demand his rights guaranteed by the Constitution.
“This is a limited constitutional power, but if Tamil Nadu does not enact the law according to the declared policy, it will amount to surrender,” he said.
NEET ABOLITION: TN Govt can demand, the center can refuse
