Category: Asymmetric Federalism

ISSUE:

Whether the provisions of the United Khasi-Jaintia Hills District (Transfer of Land) Act, which regulated the transfer, allotment, occupation, or use of land within the autonomous district, were within the constitutional authority of the District Council?

RULE:

District Councils have no plenary power of legislation. Their legislative powers are limited by the Sixth Schedule of the Constitution.

Para 3 (1) (a) of the Sixth Schedule of the Constitution does not empower District Councils to legislate with respect to transfer of land.

The expression “the allotment, occupation or use, or the setting apart of land” does not take within its fold “transfer of land”

ISSUE:

Whether the District Councils have the constitutional authority to impose royalty on timber extracted from private forests within its jurisdiction under the Sixth Schedule to the Constitution?

RULE:

The law-making powers of District Councils are limited by the provisions of the Sixth Schedule to the Constitution.

The powers of District Councils are different from the plenary powers of the legislature.

ISSUE:

Whether the notices issued by the Block Development Officer under the Chhotanagpur Tenancy Act, as amended by the Bihar Scheduled Areas Regulation, 1969, to restore possession of land to members of Scheduled Tribes are valid and within the jurisdiction of the respondents?

RULE:

Legislative Authority in Scheduled Areas: The court recognized the Governor's power to legislate for Scheduled Areas as conferred by Paragraph 5 of the Fifth Schedule. This includes making regulations that govern land transfers, particularly those affecting members of Scheduled Tribes.

Power to Restore Possession: Section 71-A of the Chhotanagpur Tenancy Act empowers the Deputy Commissioner to restore possession of land to members of Scheduled Tribes if it was unlawfully transferred, regardless of when that transfer occurred.

Validity of Legislative Amendments: The court upheld the validity of amendments made to include certain areas as Scheduled Areas, emphasising that such legislative actions are within the scope of the Governor’s powers under the Constitution.

Non-Retrospective Application: While Section 71-A was not retroactive, it could still apply to transfers made before its enactment if those transfers violated existing laws or were fraudulent. This principle was critical in determining the Deputy Commissioner's jurisdiction over past land transfers.

Interpretation of Legislative Intent: The court interpreted legislative provisions broadly to ensure that protections for Scheduled Tribes were upheld, reinforcing that legislative changes aimed at safeguarding tribal rights must be enforced effectively.

ISSUE:

Whether the application of Section 3 of the Public Employment (Requirement as to Residence) Act, 1957, by the State of Andhra Pradesh in the context of recruitment to public employment violates the principles enshrined under Article 16 of the Constitution of India, which guarantees equality of opportunity in matters of public employment without discrimination on grounds of residence?

Whether the restriction imposed by Section 3 of the Public Employment Act, 1957, requiring a candidate to be a resident of the State of Andhra Pradesh for a specified period as a condition for eligibility for certain public employment positions, is consistent with the constitutional mandate of Article 16 and its underlying principles of equality and non-discrimination?

RULE:

Equality of Opportunity in Public Employment: The court emphasised the principle of equal opportunity for all citizens in matters of public employment. This is a fundamental right, ensuring that no one is discriminated against based on residence, except in very limited circumstances allowed by law.

Narrow Construction of Exceptions to Equality: The court applied a narrow interpretation of the exception in Article 16(3), which allows Parliament to prescribe residential qualifications for public employment. The court clarified that this exception should only apply to the entire state and not to specific parts or regions within a state.

Supremacy of the Constitution: The court reinforced that Parliament's powers are derived from the Constitution, and even when making laws under Article 16(3), Parliament must act within the constitutional framework and cannot extend beyond its prescribed limits.

Non-Discrimination Based on Residence: The court reiterated that the Constitution prohibits discrimination in public employment based on residence, and any law or rule must strictly comply with this principle, barring the limited exceptions allowed by Article 16(3).

ISSUE:

Whether the nomination and termination of members to the Mara Autonomous District Council (MADC) by the Governor of Mizoram, pursuant to Paragraph 2(1) and sub-paragraph (6A) of Paragraph 2, read with Paragraph 20-BB of the Sixth Schedule to the Constitution, were exercised within the discretion conferred upon the Governor?

Whether the Sixth Schedule to the Constitution is a "Constitution within the Constitution" that allows the Governor to act independently of the Council of Ministers?

Whether principles of natural justice apply to the termination of nominated members who hold office at the pleasure of the Governor?

RULE:

Parliamentary System Principle: Governor's power to terminate members must flow through ministerial advice as he acts as constitutional head, not an independent authority.

Pleasure Doctrine: Since members held office at Governor's pleasure, their termination without notice or hearing was legally valid.

Limited Discretionary Powers Principle: While Governor could exercise discretion in nominating members, termination required ministerial advice as it wasn't listed as a discretionary power.

Judicial Review of Discretionary Powers: Courts cannot question Governor's discretionary nominations since Constitution explicitly granted this power.

Constitutional Integration: 6th Schedule must be read with rest of Constitution, rejecting argument that it operated as independent constitution for tribal areas.

ISSUE:

Whether the Ministry of Environment and Forests (MoEF) order to reject forest clearance for bauxite mining in Niyamgiri Hills because of its impact on indigenous tribes is lawful?

RULE:

Public Trust Doctrine - This principle established that while the state owns mineral resources, it must exercise this ownership in the public interest and respect tribal rights.

Prior and Informed Consent - Meaningful consultation with local communities made through the Gram Sabha before making decisions affecting their rights and lands.

Principle of Natural Justice- It was implemented by empowering the Gram Sabha to conduct fair hearings and make decisions regarding both community claims and religious rights of the local tribes affected by the mining project.

Indigenous Rights Protection - It ensured special protection for the vulnerable Dongaria Kondh and Kutia Kandha tribes, recognizing their unique cultural and religious rights.

Sustainable Development - This balanced approach required weighing the economic benefits of mining against the need to preserve tribal rights and environmental protection.

ISSUE:

Whether government, tribal, and forested lands in the scheduled areas can be leased to non-tribal persons or private companies for mining purposes in accordance with the constitutional provisions safeguarding tribal rights and interests?

Whether the mining leases granted by the State of Andhra Pradesh to non-tribal persons are void for violation of the Fifth Schedule of the Indian Constitution?

Whether the mining leases violate the Forest Conservation Act, 1980 and Environment Protection Act, 1986?

RULE:

The word "person" in regulations should be given a broad interpretation to include both natural and artificial persons, including the State government, when it advances the protective purpose of tribal welfare legislation.

Constitutional principle of protection of tribal rights and prevention of their exploitation requires interpreting laws in favour of tribal interests.

Transfer of land includes not just sale but all forms of transfer including lease, mortgage, or other forms of alienation.

The doctrine of purposive interpretation - laws meant for tribal protection should be interpreted in a way that furthers their protective purpose rather than defeating it.

ISSUE:

Whether the notification issued by the Governor of Assam establishing the Jowai District as an autonomous district is constitutionally valid?

Whether the creation of autonomous districts like the Jowai District aligns with the principles of asymmetric federalism in India?

Whether the delineation of powers and functions between the District Councils and Regional Councils within the autonomous district complies with the federal structure of India?

RULE: