Laws & Flaws

 Uniformity in law strengthens the  constitution , it also gives the uniformity of law in  sovereign state : our constitution gives legislative  power to legislative body  through article 246 under schedule vii three lists prescribes the legislative authority under  ;, state list , Center list and third concurrent list where both state and Center can make legislation upon the subjects defined in concurrent list : The uniformity in law is not seen upon some subject where the power of legislation defined as a subject of state ,  thus the law framed by various states are drafted in accordance to their state legislative body In various state stamp duty & registration fee are either charged different from other state or not charged where central law  depicts that a document not required compulsory to be registered , keeping in view , a legal document for example Power of attorney , stamp & registration is subject of state and in some states  , the registration is not compulsory and evasion of stamp duty happens due to the very reason that ,stamp duty and registration is a subject of state list  : In a reported case of Suraj Lamp & Industries Pvt Limited  v/s state of Haryana   decided on dt 11/10/2011     , Supreme Court called the Haryana , Dehli ,Punjab , Utter Pradesh states  and issued notice for suggestions  for discouraging  the practice  where title transferred through unregistered general  power of attorney, will , unregistered sale agreement   ,, a loss caused to  state govt , These flaws of legislation accruing from the power assigned from state list and states are free to enact the law as per their choice :some states don’t charge stamp duty and registration charges and this gives loss in govt revenue and dispute in title