NDLI: Bimolangshu Roy (dead) Through Lrs Vs. State of Assam & Another

Bimolangshu Roy (dead) Through Lrs Vs. State of Assam & Another

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Bimolangshu Roy (dead) Through Lrs Vs. State of Assam & Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India: Art. 194(3) r!w Entry 39 of List II of VII Schedule
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Transferred Case
Court	Supreme Court of India
Disposal Nature	Petition Allowed
Headnote	Constitution of India: Art. 194(3) r!w Entry 39 of List II of VII Schedule - Scope of - By Constitution 91" Amendment. Art. 164 was amended whereby the size of the Council of Ministers in the State was curtailed to 15% of the total strength of the Assembly - The strength of the Council of Ministers in State of Assam was 36 out of total strength of Assembly being 126, amounting to 28.57% - State of Assam passed Assam Parliamentary Secretaries (Appointment. Salaries, Allowances and Miscellaneous Provisions) Act, 2004, whereby member of Assembly were to he appointed as 'Parliamentary Secretaries· by the Chit;( Mini~ter - They were to be of the rank and status of a Minister of State - Writ Petition (PIL) was filed before High Court. challenging the constitutional validity of the Act - The E petition was transferred to Supreme Court - Held: The legislature of State of Assam did not have competence to enact the Act - Scheme of Art. 194. which deals with powers and privileges of the Legislature. does not expressly authorise the State Legislature to create offices such as the one in question - Reading the authority to create new offices by legislation would be a wholly irrational F way of construing the scope of Art.194(3) and Entry 39 of List II - The "powers privileges and immunises" contemplated by Art. 194(3) and Entry 39 are those of the legislators qua legislators. Schedule VII - Entries in the Lists - Scope - Interpretation of - Held: A great deal of examination of the scheme of the entire G Constitution is essential while interpreting the scope of each of the Entries - No rule which has a universal application with regard to the interpretation of all the entries in the Vll Schedule can he postulated - An Entry in VII Schedule is not a source of power. but is only indicative of the field of legislation - Though words andexpressions in Constitution must receive widest possibleconstruction. the principle must be applied with some degree ofcaution when ii comes to examination of amplitude of Legislative Entries.Art. 246 - Scope of - Held: Existence of a dedicated Articlein the Constitutions authorising the making of Jaw on a particulartopic, eliminates the possibility of existence of legislative authorityto legis/ute i71 Art. 246 rlw any Entry in the Seventh Scheduleindicating field of legislation which appears to be closely associatedwith the Topic dealt wilh b_,, the dedicated Article.!interpretation of Constitution:'"Rule of widest construction" - Held: The jurisprudencehas is for the "rule of widest construe/ion" is the hallowed beliedthat a Constitution is drafted with an eye on future - There.fore.interpretation of Constitution must be elastic enough to meet newD social. politic<;al and historical realities often imagined by theframers of the Constitution.
Judge	Hon'ble Mr. Justice Jasti Chelameswar
Neutral Citation	2017 INSC 670
Petitioner	Bimolangshu Roy (dead) Through Lrs
Respondent	State Of Assam & Another
SCR	[2017] 13 S.C.R. 301
Judgement Date	2017-07-26
Case Number	169

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