Judgement

The impugned amendment of 1994 appears to be an attempt on the part of the State to impose a total ban on the slaughter of bulls and bullockseven after they become old and useless. In that attempt, reference has been made to Article 31C of the Constitution. As seen in the earlier part of this judgement, that attempt has miserably failed, because the amending Act has no nexus with the provisions contained in clauses (b) and (c) of Article 39 or those contained in Articles 47 and 48. The State Government has miserably failed in establishing any type of corelation between the provisions contained in the above Articles in Part IV of the Constitution and the impunged amendment.

In view of what has been stated above, we hold that Gujarat Act 4 of 1994, by which the Bombay Animal Act    Preservation Act, 1954, as adopted by Guajrat was sought to be amended, is ultra vires the Constitution. The effect of this would be that there would not be a total ban on the slaughter of bulls or bullocks above the age of 16 years. In other words, animals can be slaughtred in compliance with the provisions of the Parent Act, as it stood prior to the amendment brought out by Gujarat Act 4 of 1994. Petitions are allowed in the above terms. Rule is made absolute accordingly.