https://www.taxtmi.com/caselaws?id=473061 State legislative competence is assessed by the pith and substance of an enactment. Concurrent power over education is subject to Parliament's exclusive field of coordinating and determining higher education standards. The Assam Rural Health Regulatory Authority Act, 2004 is void for lack of competence: it empowered a State authority to set medical education standards, approve institutions and register diploma holders to practise allopathic medicine. Corrective legislation may retrospectively remove the foundation of a judicial decision, but cannot override it by mere declaration. The Assam Community Health Professionals' (Registration and Competency) Act, 2015 is valid within the scope of the challenge and does not conflict with the Indian Medical Council Act, 1956. It provides for registration and service of diploma holders as paramedical community health professionals rather than allopathic practitioners. en-us Tue, 24 Jan 2023 00:00:00 +0530 Tue, 03 Nov 2026 18:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=473061 State legislative competence is assessed by the pith and substance of an enactment. Concurrent power over education is subject to Parliament's exclusive field of coordinating and determining higher education standards. The Assam Rural Health Regulatory Authority Act, 2004 is void for lack of competence: it empowered a State authority to set medical education standards, approve institutions and register diploma holders to practise allopathic medicine. Corrective legislation may retrospectively remove the foundation of a judicial decision, but cannot override it by mere declaration. The Assam Community Health Professionals' (Registration and Competency) Act, 2015 is valid within the scope of the challenge and does not conflict with the Indian Medical Council Act, 1956. It provides for registration and service of diploma holders as paramedical community health professionals rather than allopathic practitioners. Case-Laws Indian Laws Tue, 24 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=473061