NDLI: H. S. Yadav Vs. Shakuntala Devi Parakh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	List I (Entry 77) 2011 Constitution of India Arts.323B s.13(2) 246 227 and Seventh Schedule Chhattisgarh Rent Control Act List II (Entry 65) & List III ( Entry 46) ultra vires the Constitution
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Constitution of India– Arts.323B, 246, 227 and Seventh Schedule, List I (Entry 77), List II (Entry 65) & List III ( Entry 46) – State of Chhattisgarh enacted the 2011 Rent Control Act – Under the Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, Rent Control Tribunal – Under s.13, from any order of the Rent Controller, an appeal lies to the Rent Control Tribunal and in terms of s.13(2), an appeal lies as a matter of right to the Supreme Court – Issue as to whether the State Legislature can enact law providing an appeal directly to the Supreme Court of India – Held: Tribunal has been constituted in exercise of the powers vested in the State Legislature u/Art.323B which deals with tribunal for other matters – Sub-cl.(h) of Clause (2) thereof empowers the appropriate legislature to constitute tribunal to deal with the issues relating to rent and its regulations – Thus, it is not disputed that the State has the power to constitute the Tribunal – Art.246 specifically provides that Parliament has exclusive powers to make laws in respect of matters enumerated in List I (Union List) – State has exclusive powers to make laws in respect of matters falling in List II (State List)– In respect of matters in the List III (Concurrent List), both the Union and the State have the power to enact laws but, if the field is occupied by any law enacted by the Parliament then the State cannot legislate on the same issue – Entry 77 of List I gives power to the Union in respect of jurisdiction and the powers of the Supreme Court – This power cannot be exercised by the State Legislature – Further, Entry 65 of List II indicates that the State Legislature has no power to enact any legislation relating to jurisdiction and power of the Supreme Court – This power is specifically excluded – Even, Entry 46 of List III makes it clear that as far as the jurisdictional powers of the Supreme Court are concerned, they cannot be exercised under the Concurrent List – Therefore, the powers with regard to jurisdiction and power of the Supreme Court vest with the Union and Parliament alone can enact legislation in this regard – s.13(2) of the 2011 Act, in so far as it provides an appeal directly to the Supreme Court, is ultra vires the Constitution and beyond the scope of the powers of the State Legislature and is accordingly, struck down – No reason why the supervisory jurisdiction of the High Court should be excluded – Open to the appellant to approach the High Court for redressal of his grievance u/Art.227, on which the High Court shall decide the matter strictly in accordance with law – Chhattisgarh Rent Control Act, 2011 – ss. 6, 7, 13. Chhattisgarh Rent Control Act, 2011 – s.13(2) – Held: s.13(2), in so far as it provides an appeal directly to the Supreme Court, is ultra vires the Constitution and beyond the scope of the powers of the State Legislature and is accordingly, struck down.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2019 INSC 1144
Petitioner	H. S. Yadav
Respondent	Shakuntala Devi Parakh
SCR	[2019] 13 S.C.R. 733
Judgement Date	2019-10-15
Case Number	5153

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