LexBIMOLANGSHU ROY (DEAD) THROUGH LRS versus STATE OF ASSAM & ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2017) 13 S.C.R. 301
BIMOLANGSHU ROY (DEAD) THROUGH LRS
v.
STATE OF ASSAM & ANOTHER
(Transferred Case (Civil) No. 169 of2006)
JULY26,2017
(J. CHELAMESWAR, R. K. AGRAWAL AND
ABHAY MANOHAR SAPRE, JJ.J
Constitution of India:
A
B
Art. 194(3) r!w Entry 39 of List II of VII Schedule - Scope C
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 D
passed Assam Parliame/lfary Secretaries (Appointment. Salaries,
Allowances and Miscellaneous Provisions) Act, 2004, whereby
member of Assembly were to he appoimed 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 alllhorise 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 ofAn.194(3) and Ent1y 39 of List II -
The "powers privileges and immunities" comemplated by Art. 194(3)
and Entry 39 are those of the legislators qua legislators.
Schedule VII - Entries in the Lists - Scope - Imerpretation
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
301
H
302
SUPREME COURT REPORTS
[2017) 13 S.C.R.
A
is only indicative of 1he field of legislation - Though words and
expressions in Constitution must receive widest possible
construction. the principle must be applied with some degree of
caution when ii comes to examination of amplitude of Legislative Entries.
Art. 246 - Scope of - Held: Existence of a dedicated Article
B
in the Consti111tiun authorizing the making of Jaw on a particular
topic, eliminates the possibility of existence of legislative authority
to legis/ute i71 Art. 246 rlw any Entry in the Seventh Schedule
indicating field of legislation which appears to be closely associated
with the Topic dealt wilh b_,, the dedicated Article.
C
!nterpreitation of Constitution:
'"Rule of widest construction" - Held: The jurisprudential
has is for the "rule of widest construe/ion" is the hallowed belied
that a Constitution is drafted with an eye on future - There.fore.
interpre1atio11 of Constitution must be elastic enough to meet new
D social. politi<;al and hislorical realities often unimagined by the
framers of the Constitution.
Allowit1g the petition, the Court
HELD; 1. The jurisprudential basis for the "rule of widest
construction" is the hallowed belief that a Constitution is drafted
E
with an eye on future providing a continuing framework for
exercise of governmental power. Therefore, it must be elastic
enough to meet new social, political and historical realities often
unimagined by the framers of the Constitution. [Para 18] [315-C-
D]
F
2. The Constitution of India, unlike the American
Constitution, regulates and structures not only the authority of
the federal Government, but also the components of the
Federation {States and after the Constitution 73'" Amendment
even the loc•I bodies). As regards the authority of the legislatures
G (Federal and State), analysis adopted by the US Supreme Court
is equally gnod for the Constitution of India with appropriate
modificati9ns, because there are areas where the two
Constitutions differ substantially. [Para 22) [317-F-G)
H
3. Article 246 is one of the sources of authority to legislate
under the Constitution of India. It declares that Parliament and
BIMOLANGSHU ROY (DEAD) THROUGH LRS v. STATE OF
ASSAM & ANOTHER
the legislatures of various States have the "power to make laws
with respect to any of the matters enumerated" in each of the
three lists contained in the Seventh SchedulExcerpt shown. Read the full judgment & AI analysis in Lexace.