H. S. YADAV versus SHAKUNTALA DEVI PARAKH

Citation: [2019] 13 S.C.R. 733 · Decided: 15-10-2019 · Supreme Court of India · Bench: DEEPAK GUPTA · Disposal: Dismissed

Judgment (excerpt)

A
B
C
D
E
F
G
H
733
H. S. YADAV
v.
SHAKUNTALA DEVI PARAKH
(Civil Appeal No. 5153 of 2019)
OCTOBER 15, 2019
[DEEPAK GUPTA AND SURYA KANT, JJ.]
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
   [2019] 13 S.C.R. 733
733
A
B
C
D
E
F
G
H
734
SUPREME COURT REPORTS
[2019] 13 S.C.R.
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.
Dismissing the appeal, the Court
HELD: 1.1 The Tribunal has been constituted in exercise
of the powers vested in the State Legislature under Article 323B
of the Constitution of India which deals with tribunal for other
matters. Sub-clause (h) of Clause (2) of the said Article
empowers the appropriate legislature to constitute a tribunal to
deal with the issues relating to rent and its regulations. It is not
disputed that the State has the power to constitute the Tribunal.
Article 246 of the Constitution specifically provides that
Parliament has exclusive powers to make laws in respect of
matters enumerated in List I (Union List) of the Seventh
Schedule. Likewise, the State has exclusive powers to make laws
in respect of matters falling in List II (State List) of the Seventh
Schedule. In the Concurrent List, i.e. List III , both the Union
and the State have the power to enact laws but if the field is
occupied by any law enacted by Parliament then the State cannot
legislate on the same issue. Entry 77 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. [Paras
7-10] [738-E-F; 739-A-D]
1.2 Entry 65 of List II of the Seventh Schedule clearly
indicates that the State Legislature has no power to enact any
legislation rel

Excerpt shown. Read the full judgment & AI analysis in Lexace.