| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Constitution of India 1950 Meghalaya Lokayukta Act 2014 Article 226 Suo motu petition |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Lokpal and Lokayuktas Act, 2013 (1 of 2014) Meghalaya Lokayukta Act, 2014 (4 of 2014) |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Constitution of India, 1950 — Art.226 — Suo motu petition under — For giving effect to Meghalaya Lokayukta Act, 2014 by bringing the institution into existence - The Court also scanned the anatomy of the provisions u/s. 3 (2)(a) of 2014 Act and granted stay of operation of a portion of s.3 (2)(a) — On appeal, held: The court can initiate suo motu proceedings in very rare circumstances depending of the nature of legislation and collective benefit — But in such case also the Court cannot raise the issue relating to any particular provision and seek explanation in exercise of jurisdiction u/Art.226 -- The High Court has wrongly scanned the anatomy of the provision and passed an order in relation to it as if the provision is abnoxious or falls foul of any constitutional provision — High Court also could not have granted stay — Therefore, the part of the impugned order which deals with the provision of the Act is set aside — The direction pertaining to stay is also set aside — The executive is required to see that the institution of Lokayukta is in place — Meghalaya Lokayukta Act, 2014 — s.3(2)(a). Public Interest Litigation — Suo motu initiation of PIL - When — Held: Court can initiate suo motu proceedings in respect of certain issues which come within domain of public interest — But it depends upon the nature of the issue involved — There cannot be uncontrolled or unguided exercise of epistolary jurisdiction. Judiciary — Limitations of adjudication ---Discussed. Partly allowing the appeal, the Court |
| Judge | Honble Mr. Justice Dipak Misra |
| Neutral Citation | 2016 INSC 273 |
| Petitioner | Joint Secretary, Political Department, Government Of Meghalaya, Main Secretariat, Shillong |
| Respondent | High Court Of Megahalaya Through Its Registrar, Shillong |
| SCR | [2016] 2 S.C.R. 376 |
| Judgement Date | 2016-03-18 |
| Case Number | 2987 |
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