Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Telangana (Agricultural Produce and Livestock) Markets Act 1966 - s. 5 [As |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Telangana (Agricultural Produce and Livestock) Markets Act, 1966 - s. 5 [As amended by Telangana (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015} - Validity of - Constitution of Agricultural Market Committee by erstwhile State of Andhra Pradesh l!nder Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 -After formation of new State of Telangana on 2.6.2014 (on bifurcation of the State of Andhra Pradesh), the State promulgated Ordinance No. 1 of 2014 to amend the principal Act - Thereby in s. 5, number of Members of Committee was reduced from 18 to 14 and the term of the Market Committee was reduced from 3 years to 2 years - The Ordinance also provided that the existing Members shall cease to hold office and the Government would be competent to appQint persons to exercise the powers and perform the functions of the Market Committee - Ordinance challenged - High Court held the amendment as discriminatory and violative of Art. 14 of the Constitution as the existing Chairman/Vice Chairman/Members of the Market Committee were sought to be removed prematurely taking away the procedural safeguards which would otherwise be available to the future Chairman/Vice Chairman/Members -After the judgment, State issued Ordinance No. 1 of 2015 to amends. 5 of the Act [Jn due course the Ordinance I of 2015 came into force as AmendmentAct 5 of 2015 called Telangana (Agricultural Produce & Livestock) Markets (Amendment) Act, 2015] - The Amendment was made retrospective w.e.f 1./.2012 and also added a validating provision - The Ordinance was challenged by the appellants by filing writ petition - High Court dismissed the petition upholding the amendment - On appeal, held: The State legislature had competence to amend the law with retrospective effect - The legislature by the impugned~ amendment substituting the word 'appointed' by the word'nominated'with retrospective effect, removed the distinction between the existing members and the members who were to come in fature - Thus an appointment initially made by nomination can be terminated by the State at its pleasure - Such provision neither offends any Article of the Constitution nor any public policy or democratic norms enshrined in the Constitution - The amended provision also does not suffer from the vice of equality clause enshrined u!Art. 14 of the Constitution, so far as Market Committee and Special Market Committee are concerned, as both function in different areas - Constitution of India - Art. 14. Legislation: Statutory overruling - Held: When a law is enacted with retrospective effect, it is not an encroachment upon judicial power when the legislature does not directly overrule or reverse a judicial dictum - Legislature cannot, by way of an enactment, declare a decision of a court as erroneous or nullity - However, it has the power to rectify a defect in law noticed in the decision of the court - When such an amendment is made, the purpose thereof is not to overrule the decision of the Court, but to enact a fresh law with retrospective effect to alter the foundation and meaning of the legislation and to remove the base on which the judgment was founded - This does not amount to statutory overruling by the legislature. F Co/ourable legislation - Doctrine of co/ourable legislation does not involve any question of bona fide or malafide on the part of the legislature - The whole doctrine revolves itself into question of competence of a particular legislature to enact a particular law - Once it is held that the legislature has the power to enact the law as per its wisdom, and that too with retrospective effect, it cannot be said that the enactment is a co/ourable exercise. G Competence of legislature - To enact a law w.ej. the period when the legislature itself was not existent - Held: After legislature comes into existence, it has the competence to enact any law retrospectively or prospectively within the constitutional parameters. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1206 |
Petitioner | Cheviti Venkanna Yadav |
Respondent | State Of Telangana And Ors. |
SCR | [2016] 7 S.C.R. 689 |
Judgement Date | 2016-10-24 |
Case Number | 13604 |
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