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Report No. 146

3.3. Legislative competence.-

In this context, it is pertinent to point out that where a particular social malpractice is found to contravene the provisions of Article 23 of the Constitutionl, then, by virtue of Article 35(a)(i) of the Constitution, Parliament is competent to enact a law on the subject. Further, under the Concurrent List, Entry 1, inter alia, legislation on Criminal Law (including matters dealt with in the Indian Penal Code at the commencement of the Constitution) is within the competence of Parliament.

1. Cf. para. 2.4, supra.



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