TaxTMI 
TaxTMI 
2019 (12) TMI 1674
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.... (1) Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the prescribed time to the Rent Control Tribunal. (2) Appeal against an order of the Rent Control Tribunal shall lie with the Supreme Court. 3. By an order dated 18.4.2016, a Bench of this Court expressed serious doubts about the maintainability of the appeal, observing that the State of Chhattisgarh prima facie lacked legislative competence to enact law providing for statutory appeals directly to the Supreme Court, from the orders of a Tribunal. Notice was, accordingly, directed to be issued to the Attorney General for India and the Advocate General for the State of Chhattisgarh. 4. On 19.4.2017, another Bench of this Court heard amongst others, the Advocate General for the State of Chhattisgarh. The Advocate General, inter alia, argued that the Rent Control Act having received the assent of the President of India, Section 13(2) thereof was protected by Article 138(2) read with Article 200 of the Constitution of India and was valid and enforceable. 5. After h....
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....rom High Courts in certain cases.- (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies Under Article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. (2) ....... omitted w.e.f. 1.8.1979 (3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided. Explanation.-For the purpose of this article, the expression "final order" includes an order deciding an issue which, if decided in favour of the Appellant, would be sufficient for the final disposal of the case. 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.- (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies Under Article 134A (a) that the case involves a substantial question of law of general ....
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....e referred to in Clause (1) of Article 132, or Clause (1) of Article 133 or, as the case may be, Sub-clause (c) of Clause (1) of Article 134, may be given in respect of that case. 135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.- Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. 136. Special leave to appeal by the Supreme Court.- (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in Clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the ....
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....ng upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution. 141. Law declared by Supreme Court to be binding on all courts.- The law declared by the Supreme Court shall be binding on all courts within the territory of India. 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, ....
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.... the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom: Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. 201. Bill reserved for consideration.-When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendme....
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....alleys.-(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley. (2) Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in Clause (1). 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.-(1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides- (a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts- (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and (iii) of all orders, rules, Regulations and bye-laws issued under this Constitu....
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....Supreme Court shall have such further jurisdiction and powers with respect to any matter, as Government of India and the Government of any State may, by special agreement, confer, if Parliament by law provides for exercise of such jurisdiction and powers by the Supreme Court. 14. Learned Counsel next argued that Section 13(2) of the Rent Control Act is in consonance with Article 138, read with Article 200 of the Constitution of India, which enables the State Legislature to enact law curtailing the jurisdiction of the High Court, subject to the assent of the President of India. 15. Counsel further argued that if, in the opinion of the Governor, any Bill, if it becomes law, would so derogate from the powers of the High Court, as to endanger the position which the High Court is by the Constitution, designed to fill, the Governor is not to assent to the bill, but reserve the same for the consideration of the President. 16. Counsel submitted that a law which curtails powers of the High Court may be validated by Presidential assent. The State Legislature can restrict the appellate power of the High Court by providing for direct appeals to the Supreme Court. 17. Counsel argued....
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.... ...if the President assents to a State law which has been reserved for consideration Under Article 200, it will prevail notwithstanding its repugnancy to an earlier law of the Union. Thus, even if there is repugnancy, the law made by the Legislature of the State, if it was reserved for consideration of the President and has received his assent, will prevail in the State. Thus, from the Act XXX of 1976, it can be seen that it was reserved for the consideration of the President and the President has given his assent on 10-8-1976. Therefore, the argument of the learned Counsel for the Appellants that the State enactment cannot override the Central enactment cannot be accepted as correct... 23. Counsel finally argued that it was settled law that in case of any inconsistency between the provisions of the Constitution and the provisions of any statutory enactment, the various articles of the Constitution and the various provisions of the statutory enactments should be harmoniously construed. 24. Elaborating on his argument, Counsel pointed out that the expression "derogate from the powers of the High Court as to endanger the position which that Court by this Constitution, is....
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.... These provisions include Articles 124(1), 125(1), 125(2), 133(3), 134(2), 135(1), 137, 138(1), 138(2), 139, 140, 145(1), 262 and 348(1). 30. The learned Attorney General submitted that, the fact that the Rent Control Act had been reserved for the assent of the President of India, Under Article 200 of the Constitution, and had received the assent of the President in terms of Article 201, would not in any manner alter the extent of legislative competence of the State Legislature. This is for the reason that, neither the Governor of any State, nor the President of India, may confer legislative competence on any legislative body, whether Parliament or a State Legislature, contrary to the provisions of the Constitution. 31. The learned Attorney General argued that the distribution of legislative powers between Parliament and the State Legislatures is governed by Chapter I of Part XI of the Constitution, including Articles 246 and 248, along with the three Lists contained in the Seventh Schedule to the Constitution. Any question of legislative competence would have to be decided finally by this Court, in accordance with these provisions of the Constitution. 32. The learned Atto....
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....islative competence of the legislature of the State. 35. The learned Attorney General also referred to a recent judgment of a Division Bench of this Court rendered on 15.10.2019 in Civil Appeal No. 5153 of 2019 (H.S. Yadav v. Shakuntala Devi Parakh) striking down Section 13(2) of the Rent Control Act as ultra vires the Constitution and beyond the scope of the powers of the State Legislature. 36. Parliament and the State Legislatures derive their power to make laws from Article 245(1) of the Constitution of India and such power is subject to and/or limited by the provisions of the Constitution. While Parliament can make law for the whole or any part of the territory of India, the State Legislature can only make laws for the State or any part thereof, subject to the restrictions in the Constitution of India. 37. Article 246, which distributes legislative powers between the Union Legislature and the State Legislature, confers exclusive power to Parliament to make laws in respect of the matters specified in List I in the Seventh Schedule, that is, the Union List. The Union Parliament also has, subject to Clause (3) of Article 246, the power to make laws with respect to any of ....
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.... really of relevance to the issue referred to this Bench for determination, except to demonstrate that all matters pertaining to the Supreme Court are exclusively within the legislative domain of Union Parliament. 42. Entry 18 of the State List enables the State Legislature to enact law with respect to land, including rights in and over land, land tenures including relation of landlord and tenant and the collection of rent. The State Legislature being clothed with power to enact law in respect of land tenures, including the relation of landlord and tenant and the collection of rent, it had legislative competence to enact the Rent Control Act, in so far as the same regulates the relationship of landlord and tenant and the collection of rent. 43. Article 323B inserted in the Constitution of India, with effect from 3rd January, 1977, by the Constitution (Forty Second Amendment) Act 1976 empowers the appropriate legislature to enact law providing for adjudication and/or trial by Tribunals, of any disputes, offences or complaints with respect to all or any of the matters in Clause (2) of the said Article. 44. Clause (2) of Article 323B was amended by the Constitution (Seventy f....
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....llate adjudication of appeals relating to tenancy and rent by a Tribunal. In enacting Section 13(2) of the Rent Control Act, the Chhattisgarh State Legislature has overtly transgressed the limits of its legislative power, as reiterated and discussed hereinafter. 50. While the widest amplitude should be given to the language used in one entry, every attempt has to be made to harmonize its contents with those of other Entries, so that the latter may not be rendered nugatory. 51. As observed above, both the Union legislature and the State Legislature derive their power to legislate from Article 245 of the Constitution of India. It is axiomatic that the legislature of a State may only make laws for the whole or any part of the State, while Parliament may make laws for the whole or any part of the territory of India. There is no provision in the Constitution which saves State laws with extra-territorial operation, similar to Article 245(2) which expressly saves Union laws with extra-territorial operation, enacted by Parliament. The Chhattisgarh State Legislature, thus, patently lacks competence to enact any law which affects the jurisdiction of the Supreme Court, outside the State....
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....Court Under Article 136 is not to be confused with the appellate power ordinarily exercised by appellate courts and Tribunals under specific statutes. 58. Article 136 does not confer a right of appeal on any party, but confers a discretionary power on the Supreme Court to interfere in appropriate cases. This power can be exercised in spite of other provisions for appeal contained in the Constitution, or any other law, as held in N. Natarajan v. B.K. Subba Rao (2003) 2 SCC 76. 59. Conclusiveness or finality given by a statute to decision of a Court or Tribunal, cannot deter the Supreme Court from exercising this jurisdiction Under Article 136 of the Constitution as held by a Constitution Bench of this Court, inter alia, in Dhakeshwari Cotton Mills Ltd. v. Commissioner of Income Tax, West Bengal AIR 1955 SC 65 and reiterated in numerous other decisions. appellate jurisdiction is not exercised when a statute gives finality to a decision of the Court or Tribunal. 60. Under Article 136 of the Constitution of India, the Supreme Court entertains appeals by special leave, where substantial questions of law or questions of public importance are involved. Where there is any uncertai....
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.... of the matters in those lists. The State Legislature may, therefore, be competent to enact law which affects the jurisdiction and powers of the High Court, except the jurisdiction and powers of the High Court Under Articles 226 and 227 of the Constitution, held by a Constitution Bench of this Court, to be an inviolable basic feature of the Constitution in L Chandra Kumar v. Union of India and Ors. AIR 1997 SC 1125. 67. Counsel for the Appellant is right in arguing that L Chandra Kumar (supra) pertains to the power of the High Court Under Articles 226 and 227 of the Constitution of India. The State Legislature has the power to enact law which abridges the powers of the High Court, except those powers, which constitute an inviolable basic feature of the Constitution, such as the powers of the High Court Under Articles 226 and 227. 68. The second proviso to Article 200, of the Constitution prohibits the Governor from assenting to a Bill, which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court, as to endanger the position which the High Court is, by the Constitution of India, design to fill. The Governor is obliged to reserve s....
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....he Union List in the Schedule to the Constitution artificially. Entry 77 of the Union List, going by its plain meaning, as also Article 138(1) should include both Original and appellate jurisdiction of the Supreme Court. 75. The proposition urged by Counsel for the Appellant that when a State Law gets the assent of the President of India, that law prevails in the States, notwithstanding repugnancy with an earlier Union law, is unexceptionable. 76. However, Presidential assent makes no difference in case of legislative incompetence. Presidential assent cannot and does not validate an enactment in excess of the legislative powers of the State Legislature, nor validate a statutory provision, which would render express provisions of the Constitution otiose. Presidential assent cures repugnancy with an earlier Central Statute, provided the State Legislature is otherwise competent to enact the Statute. 77. In view of our finding that Presidential assent would not validate a statutory provision which the legislature was incompetent to enact, we need not go into the question of whether the President had occasion to consider the repugnancy of Section 13(2) of the Rent Control Act w....
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.... Court may exercise further jurisdiction pursuant to a special agreement between the Government of India and the State Government on any particular issue, provided Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court. Parliament has not enacted any such law enabling the Supreme Court to exercise jurisdiction in respect of a subject matter agreed upon between the Government of India and the State Government. Article 138(2) is not attracted. 84. We are in full agreement with the judgment of this Court in H.S. Yadav (supra) declaring Section 13(2) of the Rent Control Act ultra vires the Constitution and beyond the scope of the power of the State legislature. 85. It is true, that in L. Chandra Kumar (supra) this Court held that Tribunals constituted Under Articles 323A and 323B of the Constitution were subject to the writ jurisdiction of the High Courts, within whose jurisdiction they were located, as noted by this Court in H.S Yadav (supra). 86. The power of superintendence conferred by Article 227 is, however, supervisory and not appellate. It is settled law that this power of judicial superintendence must be exercised sparingly, t....