Category: Federalism – History and Typologies

ISSUE:

Whether a legislative assembly seat can be reserved for a religious minority after a State enters the Indian Union?

Whether the legislature has the authority to enact legislation that reserve a greater number of seats than what is necessary given the size of the community in the State?

RULE:

Since the Parliament has the authority to admit states under certain conditions as it sees fit, it is established that newly admitted states cannot be completely equal to the existing states of the Union under Article 2 of the Constitution. However, these conditions cannot not establish a system that is incompatible with the traditional institution that the Constitution envisions.

ISSUE:

If the Government of NCTD is given the necessary resources, is it then competent to exercise this function, or must posting orders of public services be approved by the President of India?

Does the GNCTD have the authority to issue executive orders in accordance with the Delhi Electricity Reforms Act of 2011 and the Delhi Electricity Reforms (Transfer Schemes) Rules of 2001 without first seeking the Lieutenant Governor's opinion or approval?

Whether the Lieutenant Governor has the authority to do so under Section 24 of the Code of Criminal Procedure, 1973 (CrPC), to the exclusion of the GNCTD?

RULE:

If a provision of a legislation approved by the Legislative Assembly conflicts with a provision of a law passed by Parliament regarding a certain issue, the latter will take precedence and the former will be repealed. This applies to any subject, regardless of whether it was passed before, after, or in accordance with a law passed by the Legislative Assembly or a prior law that was not a law passed by the Legislative Assembly.

ISSUE:

Whether the suit under Art.131 is maintainable?

Whether the notification issued by the Central Government is ultra vires the power of the government under s.3 of the Commission of Inquiry Act, 1952?

If the same is within the ambit of s.3 and whether s.3 is unconstitutional?

RULE:

The Supreme Court's initial jurisdiction over issues affecting the scope or existence of a legal right is addressed in Article 131. Such authority shall be exercised in issues involving the Central Government and one or more States, between States, or between the Government of a State and another State. Only when an issue of law or fact arises can the Court take up a dispute under Article 131 of the Constitution. Additionally, it depends on how much of a legal right is at stake.

ISSUE:

Is judicial review possible of the President's Proclamation made in accordance with Article 356 of the Constitution ?

If so, what does judicial review entail in this case?

What does the phrase mean in Art. 356(1)- "A situation has arisen where the Government of the State cannot be carried on in line with the provisions of this Constitution"?

RULE:

Until the Proclamation is accepted by both Houses of Parliament in accordance with clause (3) of the aforementioned article, the President is not permitted to dissolve the State's Legislative Assembly using his authority under Article 356(1). Under subclause (c) of clause (1) of the aforementioned article, he may only have the authority to suspend the Legislative Assembly.

ISSUE:

Does the Parliament have the power to pass laws that would allow it to purchase land and other assets owned and vested in the State?

Whether or not India's states have sovereign power?

Whether the Act or any of its provisions exceeds the legislative authority of the Parliament?

Whether or not the plaintiff is eligible for relief?

RULE:

Article 131 grants the Supreme Court exclusive and original jurisdiction over any legal disputes that may arise between different states or between states and the Union. The court upholds the fundamental rights that are guaranteed to all Indian citizens, and any infringement on those rights may be brought before the State's High Court directly under Article 226 or the Supreme Court indirectly under Article 32 via writs granted by the Constitution.