Supreme Court of India
RAJENDRA DIWANversusPRADEEP KUMAR RANIBALA & ANR.
- Citation
- 2019 INSC 1353
- Decided
- 10 December 2019
Holding
Section 13(2) of the Chhattisgarh Rent Control Act, 2011 is ultra vires the Constitution and has no legal effect.
Summary
The petitioners challenged the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provides a direct appeal to the Supreme Court from orders of the Rent Control Tribunal. The Court examined whether the State Legislature had competence to legislate on the jurisdiction of the Supreme Court. By analysing Articles 323B, 245, 246 and the relevant entries in the Seventh Schedule, the Court held that only Parliament may legislate on the Supreme Court's jurisdiction and that the State Legislature is barred by Entries 64 of the State List and 46 of the Concurrent List. Consequently, Section 13(2) was declared ultra vires, null and void. The Court also clarified that Presidential assent cannot cure a legislative incompetence and that Article 136 does not create a statutory right of appeal.
Issues considered
- The legislative competence of the Chhattisgarh State Legislature to enact Section 13(2) of the Rent Control Act providing a direct appeal to the Supreme Court.
- Whether Article 138 and the second proviso to Article 200 can validate a State law that affects the Supreme Court's jurisdiction.
- The scope of Articles 323B, 245, 246 and the relevant entries of the Seventh Schedule concerning the jurisdiction of courts and tribunals.
Legislation cited
Subjects
rent controllegislative competenceultra viresSupreme Court jurisdictionArticle 323BArticle 245Article 246Article 138State Legislaturedirect appeal
Judgment
[2019] 17 S.C.R. 1089 1089
RAJENDRA DIWAN A
v.
PRADEEP KUMAR RANIBALA & ANR.
(Civil Appeal No. 3613 of 2016)
DECEMBER 10, 2019 B
[ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN,
M. R. SHAH AND S. RAVINDRA BHAT, JJ.]
Chhattisgarh Rent Control Act, 2011 – s. 13(2) – Appeal
against an order of the Rent Control Tribunal to Supreme Court –
C
Validity of s.13(2) – Held: On a conjoint reading of Art. 323B and
Arts. 245 and 246 with Entry 18 of the State List in the Seventh
Schedule, the Chhattisgarh State Legislature was competent to enact
the Rent Control Act, to the extent that it provides for the
adjudication of original disputes relating to tenancy and rent by
the Rent Controller, and creates a Tribunal to decide appeals from D
orders of the Rent Controller – However, Entry 64 of the State List
and Entry 46 of the Concurrent List expressly debar the State
Legislature from legislating with respect to the jurisdiction of the
Supreme Court – Also Art. 200 cannot validate an ultra vires
enactment which the concerned Legislature lacked competence to
enact – Thus, s. 13(2) providing for direct appeal to the Supreme E
Court from orders passed by the Rent Control Tribunal, is not
ancillary or incidental to the power of the Chhattisgarh State
Legislature to enact a Rent Control Act, which provides for
appellate adjudication of appeals relating to tenancy and rent by
a Tribunal – In enacting s. 13(2) of the Rent Control Act, the F
Chhattisgarh State Legislature overtly transgressed the limits of its
legislative power – Thus, Chhattisgarh State Legislature, patently
lacked competence to enact any law which affects the jurisdiction
of the Supreme Court, outside the State of Chhattisgarh – Thus, s.
13(2) is declared ultra vires the Constitution, null and void and of
no effect – Constitution of India – Art. 323B and Arts. 245 and G
246 with Entry 18 of the State List in the Seventh Schedule.
Constitution of India – Vires of any enactment –
Consideration of – Held: Is to be seen, whether looking at the
legislation as a whole, it can be said to be a legislation,
H
1089
1090 SUPREME COURT REPORTS [2019] 17 S.C.R.
A substantially with respect to any of the matters, with regard to which
the Legislature is competent to legislate, under any specific Article
of the Constitution, or any of the Entries in the relevant List in the
Seventh Schedule thereto – Once it is held that it is so, the
legislative power conferred by that Entry is to extend to all
ancillary matters, which may fairly and reasonably be said to be
B
comprehended in that arena – Furthermore, 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 –
Interpretation of Statutes.
C Constitution of India – Art. 245 – Laws made by Parliament
and by the Legislature of States – Power to legislate – Held: Both
the Union legislature and the State Legislature derive their power
to legislate from Art. 245 – Legislature of a State may only make
laws for the whole or any part of the State, while Parliament may
D 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 Art. 245(2) which
expressly saves Union laws with extra-territorial operation, enacted
by Parliament – Thus, Chhattisgarh State Legislature, patently lacks
competence to enact any law which affects the jurisdiction of the
E Supreme Court, outside the State of Chhattisgarh.
Constitution of India – Art. 138 – Enlargement of the
jurisdiction of the Supreme Court – Term ‘special agreement’ u/
Art 138(2) – Held: Art. 138(2) provides that the Supreme Court
shall have such further jurisdiction and powers with respect to any
F matter as the Government of India and the Government of any State
may by special agreement confer, if Parliament by law provides for
the exercise of such jurisdiction and powers by the Supreme Court
– Special agreement, means, an independent agreement arrived at
between the Government of India and the Government of a State
through deliberations and negotiations and not just an approval
G
of legislation by the President on the aid and advice of the Council
of Ministers – In any case, the Supreme 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
H jurisdiction and powers by the Supreme Court.
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1091
Constitution of India – Art. 200, second proviso – Assent to A
Bills – Requirement of – Held: Art. 200 requires Bills passed by
the Legislative Assembly of a State, or in case of a State having a
Legislative Council, a bill passed by both the houses of the
Legislature of the State, to be presented to the Governor for assent
– Such Bills become law on receipt of assent of the Governor –
B
Second proviso to Art. 200, 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,
design to fill – Governor is obliged to reserve such bill for the
consideration of the President – Presidential assent is imperative C
in the case of law enacted by a State Legislature, which would
derogate from the powers of the High Court, as to endanger the
position which that Court is, by the Constitution, designed to fill –
Second proviso to Art. 200 is not attracted in the case of s. 13(2)
of the Rent Control Act, since it does not derogate from any power
D
of the High Court – Chhattisgarh Rent Control Act, 2011.
Constitution of India – Arts. 226 and 227 – Power of
superintendence of the High Court under – Held: Power of
superintendence conferred by Art. 227 is, supervisory and not
appellate – This power is to be exercised sparingly, to keep
E
subordinate courts and tribunals within the limits of their authority
– High Court interferes only when there is grave miscarriage of
justice or flagrant violation of law – Interference is restricted to
cases of patent error of law which go to the root of the decision;
perversity; arbitrariness and/or unreasonableness; violation of
principles of natural justice, lack of jurisdiction and usurpation F
of powers – High Court does not re-assess or re-analyze the
evidence and/or materials on record – Exercise of writ jurisdiction
by the High Court to test a decision of the Rent Control Tribunal
would depend on the facts and circumstances of the case – Writ
jurisdiction of the High Court cannot be converted into an
G
alternative appellate forum, just because there is no other provision
of appeal in the eye of law.
Answering the question referred, the Court
HELD: 1. The State Legislature lacked legislative
competence to enact Section 13(2) of the Chhattisgarh Rent H
1092 SUPREME COURT REPORTS [2019] 17 S.C.R.
A Control Act, 2011. Therefore, Section 13(2) of the Rent Control
Act is declared ultra vires the Constitution of India, null and
void and of no effect. [Para 89] [1127-E]
L Chandrakumar v. Union of India and others AIR
(1997) SC 125 – followed.
B
H.S. Yadav v. Shakuntala Devi Parakh (2019) 10
SCC 265 – relied on.
2. Art. 246 of the Constitution, which distributes legislative
powers between the Union Legislature and the State Legislature,
confers exclusive power to Parliament to make laws in respect
C
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 Art. 246, the power to make laws with respect to
any of the matters enumerated in List III in the Seventh
Schedule, that is, the Concurrent List. The State Legislature has
D exclusive power to make laws with respect to matters
enumerated in the State List, subject to Clauses (1) and (2) of
Art. 246. Along with the Union Legislature, the State Legislature
is also competent to enact laws in respect of the matters
enumerated in the Concurrent List, subject to the provisions
of Article 246(1). [Para 37, 38] [1117-E-G]
E
3.1 The relevant entries in the instant matter are, Entry
77 of the Union List, Entries 18 and 65 of the State List and
Entry 46 of the Concurrent List. 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
F
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
G of landlord and tenant and the collection of rent. [Para 39, 42]
[1117-H; 1118-A-H; 1119-A]
3.2 Entry 18 of the State List, which only enables the State
Legislature to legislate with regard to land, land tenures,
landlord tenant relationship, collection of rents etc. does not
H enable the State Legislature to enact law conferring appellate
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1093
jurisdiction to the Supreme Court in respect of orders passed A
by an Appellate Rent Control Tribunal, constituted under a state
law. [Para 53] [1121-A-B]
3.3 In view of Entry 77 of the Union List, only Parliament
has the legislative competence to legislate with respect to the
constitution, organization, jurisdiction or powers of the Supreme B
Court. Entry 64 of the State List and Entry 46 of the Concurrent
List enable the State Legislature to enact law with respect to
the jurisdiction and powers of Courts except the Supreme Court.
In other words, the said Entries expressly debar the State
Legislature from legislating with respect to the jurisdiction of
C
the Supreme Court. [Para 54] [1121-B-C]
4.1 The Supreme Court has been established under Article
124 of the Constitution of India and derives its jurisdiction and
powers from Articles 131 to 145 thereof. There is no provision
in the Constitution which provides for direct appeal to the
Supreme Court, from an order of a Tribunal constituted under D
any law enacted by a State Legislature. [Para 40] [1118-E]
4.2 Article 262(2) of the Constitution which enables
Parliament to enact law abrogating the power of the Supreme
Court to adjudicate the disputes referred to in Article 262(1),
and Article 348 of the Constitution, demonstrate that all matters E
pertaining to the Supreme Court are exclusively within the
legislative domain of Union Parliament. [Para 41] [1118-F-G]
5.1 Article 323B (3)(d) provides that a law made under
Article 323B (1) may exclude the jurisdiction of all courts except
the jurisdiction of the Supreme Court under Article 136, with F
respect to all or any of the matters falling within the jurisdiction
of the said tribunals. Article 323B does not enable a State
Legislature to expand the jurisdiction of the Supreme Court by
enacting a provision for further statutory appeal to the Supreme
Court from an order of an Appellate Tribunal. [Para 55] [1121- G
D]
5.2 On a conjoint reading of Article 323B and Articles 245
and 246 with Entry 18 of the State List in the Seventh Schedule,
there can be no doubt that the State Legislature was competent
to enact law to provide for adjudication and trial of all disputes, H
1094 SUPREME COURT REPORTS [2019] 17 S.C.R.
A complaints and offences relating to tenancy and rent, by a
Tribunal. The Chhattisgarh State Legislature was thus competent
to enact the Rent Control Act, to the extent that it provides for
the adjudication of original disputes relating to tenancy and rent
by the Rent Controller, and creates a Tribunal to decide appeals
from orders of the Rent Controller. [Para 46, 47] [1119-F-G]
B
6. When the question of vires of any enactment is
considered, it is to be seen, whether looking at the legislation
as a whole, it can be said to be a legislation, substantially with
respect to any of the matters, with regard to which the
C Legislature is competent to legislate, under any specific Article
of the Constitution, or any of the Entries in the relevant List in
the Seventh Schedule thereto. Once it is held that it is so, the
legislative power conferred by that Entry is to extend to all
ancillary matters, which may fairly and reasonably be said to be
comprehended in that arena. [Para 48] [1119-H; 1120-A-B]
D
United Provinces v. Atika Begum AIR 1941 FC 16 (25)
– referred to.
7.1 Section 13(2) of the Rent Control Act, providing for
direct appeal to the Supreme Court from orders passed by the
E Rent Control Tribunal, is not ancillary or incidental to the power
of the Chhattisgarh State Legislature to enact a Rent Control
Act, which provides for appellate 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. [Para 49]
F
[1120-C]
7.2 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. Both the Union legislature
G
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
H Constitution which saves State laws with extra-territorial
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1095
operation, similar to Article 245(2) which expressly saves Union A
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 of Chhattisgarh. [Para 50, 51] [1120-D-
F]
B
7.3 The submission that Section 13(2) of the Rent Control
Act does not confer on the Supreme Court, jurisdiction it did
not already possess, but is only incidental to and/or extension
of its power under Article 136, is not sustainable in law. [Para
56] [1121-E]
C
8.1 Under Article 136 of the Constitution, the Supreme
Court does not act as a regular court of appeal. The power of
the Supreme Court under Article 136 is not to be confused with
the appellate power ordinarily exercised by Appellate Courts and
Tribunals under specific statutes. Article 136 does not confer a
right of appeal on any party, but confers a discretionary power D
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. Conclusiveness
or finality given by a statute to decision of a Court or Tribunal,
cannot deter the Supreme Court from exercising this jurisdiction E
under Article 136 of the Constitution. Appellate jurisdiction is
not exercised when a statute gives finality to a decision of the
Court or Tribunal. [Para 57-59] [1121-F-H; 1122-A-B]
N. Natarajan v. B. K. Subba Rao (2003) 2 SCC 76 ;
Dhakeshwari Cotton Mills Ltd. v. Commissioner of F
Income Tax, West Bengal AIR 1955 SC 65 – referred
to.
8.2 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 G
are involved. Where there is any uncertainty in the law, the
Supreme Court, in its discretion, settles the law. The Supreme
Court does not ordinarily interfere with concurrent findings of
fact under Article 136. If the concurrent findings are based on
accepted oral or documentary evidence, there is no interference
under Article 136 of the Constitution. [Para 60] [1122-C] H
1096 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 8.3 While exercising power under Article 136 of the
Constitution, the Supreme Court does not re-appreciate
evidence which has been appreciated by the Trial Court and the
High Courts, unless extraordinary circumstances exist. It is only
where the High Court has completely missed the real point
requiring adjudication or has missed or ignored the relevant
B
material, would the Supreme Court be justified in getting into
evidence for the purpose of preventing grave injustice to a party.
[Para 61] [1122-D-E]
8.4 An appeal, on the other hand, is a continuation of the
original proceedings. Where there is a statutory appeal from an
C appellate order of the Tribunal, the appellate court is obliged to
rehear the case, re-appreciate and re-analyze the evidence on
record, adjudicate the correctness of the order impugned and
correct errors both of fact and of law, that the Tribunal may have
made. [Para 62] [1122-F]
D 9.1 Article 200 of the Constitution relating to the passage
of Bills except money Bills, requires Bills passed by the
Legislative Assembly of a State, or in case of a State having a
Legislative Council, a bill passed by both the houses of the
Legislature of the State, to be presented to the Governor for
E assent. Such Bills become law on receipt of assent of the
Governor. [Para 63] [1122-G]
9.2 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
F 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 such bill for the
consideration of the President. Presidential assent is imperative
in the case of law enacted by a State Legislature, which would
derogate from the powers of the High Court, as to endanger the
G position which that Court is, by the Constitution, designed to
fill. [Para 68, 65] [1123-B-F]
9.3 The second proviso to Article 200 is not attracted in
the case of Section 13(2) of the Rent Control Act, since it does
not derogate from any power of the High Court. It is well settled
H that there is no inherent right of appeal. Right of appeal is
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1097
conferred by Statute. A Statute is not invalid only because it has A
no provision of appeal to the High Court. [Para 69] [1123-G-H]
10.1 The amplitude of power conferred by Clauses 1 and
2 of Article 246, makes the Parliament competent to make a law
enlarging the jurisdiction of the Supreme Court with respect to
any of the matters enumerated in List I and III, even though B
such enlargement may not be contemplated by the various
Articles of Chapter IV of Part V of the Constitution. By virtue
of the power conferred by Article 248 of the Constitution of
India, the Parliament has, subject to Article 246 A of the
Constitution, exclusive power to make any law with respect to C
any matter not enumerated in the Concurrent List or State List.
The residuary power of legislation thus rests with Parliament.
[Para 71, 72] [1124-B-C]
10.2 In view of Entry 65 of the State List and Entry 46 of
the Concurrent List, the State Legislature can enact law which D
affects the jurisdiction of all Courts, except the Supreme Court.
In other words it can enact law which affects the jurisdiction of
the High Court, except under Articles 226 and 227, but it cannot
enact law which touches the jurisdiction of the Supreme Court.
The Rent Control Tribunal having been established under Article
323B of the Constitution, the diminution, if any, of the E
jurisdiction of the High Court, except under Article 226 and 227,
would be saved by Article 323B(3)(d) of the Constitution, but
not the provision for statutory appeal to the Supreme Court.
[Para 73] [1124-D-F]
F
10.3 The submission that Article 138(1) and/or Entry 77
of the Union List only takes within its ambit, the Original
jurisdiction of the Supreme Court, and not its appellate
jurisdiction, is fallacious and without basis. There is no reason
to restrict the scope of Article 138(1) or of Entry 77 of the Union
List in the Schedule to the Constitution artificially. Entry 77 of G
the Union List, going by its plain meaning, as also Article 138(1)
should include both Original and appellate jurisdiction of the
Supreme Court. [Para 74] [1124-F-G]
11.1 The submission that when a State Law gets the
assent of the President of India, that law prevails in the States, H
1098 SUPREME COURT REPORTS [2019] 17 S.C.R.
A notwithstanding repugnancy with an earlier Union law, is
unexceptionable. 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
B
the Constitution otiose. Presidential assent cures repugnancy
with an earlier Central Statute, provided the State Legislature
is otherwise competent to enact the Statute. [Para 75, 76] [1124-
H; 1125-A-B]
C 11.2 In view of the finding that Presidential assent would
not validate a statutory provision which the legislature was
incompetent to enact, there is no need to go into the question
of whether the President had occasion to consider the
repugnancy of Section 13(2) of the Rent Control Act with the
provisions of the Constitution, including in particular, Entry 65
D of the State List and Entry 46 of the Concurrent List, which
expressly exclude from the State Legislature, the competence
and/or power to enact law affecting the jurisdiction of the
Supreme Court. [Para 77] [1125-C]
12. Section 13(2) of the Rent Act purports to confer a right
E
of statutory Second Appeal to the Supreme Court. Even in case
of concurrent findings of the Rent Controller and Rent Control
Tribunal, where no serious question of law were involved, an
appeal would have to be entertained and decided. Such a
provision which mandates the Supreme Court to consider an
F appeal is clearly beyond the legislative competence of the State
Legislature. Article 200 does not and cannot validate an ultra
vires enactment, which the concerned Legislature lacked
competence to enact. [Para 79] [1125-E-F]
13.1 Article 138 (2) of the Constitution provides that the
G Supreme Court shall have such further jurisdiction and powers
with respect to any matter as the Government of India and the
Government of any State may by special agreement confer, if
Parliament by law provides for the exercise of such jurisdiction
and powers by the Supreme Court. A special agreement, means,
H an independent agreement arrived at between the Government
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1099
of India and the Government of a State through deliberations and A
negotiations and not just an approval of legislation by the
President on the aid and advice of the Council of Ministers. In
any case, the Supreme Court may exercise further jurisdiction
pursuant to a special agreement between the Government of
India and the State Government on any particular issue, provided B
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. [Para 80, 82, 83] [1125-G-H; 1126-B-D] C
13.2 It cannot be said that reservation of a Bill for
Presidential assent and consequential grant of Presidential
assent, tantamounts to special agreement between the
Government of India and the State Government, because the
President acts on the aid and advice of the Council of Ministers. D
[Para 81] [1126-B-C]
14. 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, to keep subordinate courts and tribunals within the E
limits of their authority. When a Tribunal has acted within its
jurisdiction, the High Court does not interfere in exercise of its
extraordinary writ jurisdiction unless there is grave miscarriage
of justice or flagrant violation of law. Jurisdiction under Article
227 cannot be exercised “in the cloak of an appeal in disguise”. F
In exercise of its extraordinary power of superintendence and/
or judicial review under Article 226 and 227 of the Constitution
of India, the High Courts restrict interference to cases of patent
error of law which go to the root of the decision; perversity;
arbitrariness and/or unreasonableness; violation of principles of
G
natural justice, lack of jurisdiction and usurpation of powers. The
High Court does not re-assess or re-analyze the evidence and/
or materials on record. Whether the High Court would exercise
its writ jurisdiction to test a decision of the Rent Control Tribunal
would depend on the facts and circumstances of the case. The
writ jurisdiction of the High Court cannot be converted into an H
1100 SUPREME COURT REPORTS [2019] 17 S.C.R.
A alternative appellate forum, just because there is no other
provision of appeal in the eye of law. [Para 86, 87] [1126-G-H;
1127-A-C]
L Chandra Kumar v. Union of India and others AIR
1997 SC 1125 : [1997] 2 SCR 1186 – followed.
B
Samsher Singh v. State of Punjab and Anr AIR 1974
SC 2192 ; Puthiyadath Jayamathy Avva and Ors. v.
K.J. Naga Kumar and Ors. AIR 2001 Ker 38 ; K.K.
Poonacha v. State of Karnataka and Ors. (2010) 9
SCC 671 : [2010] 10 SCR 1022 ; United Provinces
C v. Atika Begum AIR 1941 FC 16 – referred to.
Case Law Reference
AIR 1974 SC 2192 referred to Para 19
AIR 2001 Ker 38 referred to Para 22
D [2010] 10 SCR 1022 referred to Para 32
AIR 1941 FC 16 referred to Para 48
[2002] 4 Suppl. referred to Para 58
SCR 428
E [1955] SCR 941 referred to Para 59
[1997] 2 SCR 1186 followed Para 66, 67, 85, 88
(2019) 10 SCC 265 relied on Para 84, 85
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3613
F of 2016.
From the Judgment and Order dated 01.12.2015 of the Rent
Control Tribunal, Chhattisgarh, Regional Bench at Raipur in Appeal No.
25 A of 2015
G With
Civil Appeal Nos. 10214 of 2016, 3051 of 2017.
K. K. Venugopal, Attorney General, Sameer Shrivastava, Kunal
Verma, Vikrant Singh Bais, Shriram P. Pingle, Sumeer Sodhi, Ashish
Tiwari, Kaustubh Shukla, Abhay Singh, Purshotham Reddy, Kunal
H Verma, Ravi Prakash Mehrotra, Advs. for the appearing parties.
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1101
The Judgment of the Court was delivered by A
INDIRA BANERJEE, J.
1. This appeal, purportedly under Section 13(2) of the
Chhattisgarh Rent Control Act, 2011, hereinafter referred to as the
“Rent Control Act”, is against an order dated 1.12.2015 of the Rent
Control Tribunal at Raipur, confirming an order dated 14.09.2015 passed B
by the Rent Control Authority, whereby an application filed by the
respondent-landlord for eviction of the appellant tenant under Section
12 of the Rent Control Act has been allowed.
2. Section 13(2) of the Rent Control Act provides:-
C
(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 D
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 Chhattishgarh prima facie lacked legislative competence
to enact law providing for statutory appeals directly to the Supreme E
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 F
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 hearing Counsel and the learned Advocate General for G
the State of Chhattisgarh, the Bench was of the view that the appeal
involved a substantial question of law as to the interpretation of the
Constitution, and accordingly referred the appeal to the Chief Justice
of India, for assignment to a Constitution Bench of this Court, in terms
of Article 145(3) of the Constitution. The Chief Justice has referred
the appeal to this Bench. H
1102 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 6. The question which requires to be determined by this Bench
is, whether Section 13(2) of the Rent Control Act is ultra vires the
Constitution of India, by reason of lack of legislative competence of
the Chhattisgarh State legislature to enact the provision.
7. Before dealing with the arguments advanced before this
B Bench, the relevant provisions of the Constitution of India are set out
hereinbelow for convenience:-
“124. Establishment and constitution of Supreme Court
(1)There shall be a Supreme Court of India consisting of a
Chief Justice of India and, until Parliament by law prescribes
C a larger number, of not more than seven other Judges
…….
xxx xxx xxx
130. Seat of Supreme Court. - The Supreme Court shall sit
D in Delhi or in such other place or places, as the Chief Justice
of India may, with the approval of the President, from time
to time, appoint.
131: Original jurisdiction of the Supreme Court
E Subject to the provisions of this Constitution, the Supreme
Court shall, to the exclusion of any other court, have
original jurisdiction in any dispute –
(a) between the Government of India and one or more
States; or
F (b) between the Government of India and any State or
States on one side and one or more other States on
the other; or
(c) between two or more States, if and in so far as the
dispute involves any question (whether of law or
G fact) on which the existence or extent of a legal right
depends:
Provided that the said jurisdiction shall not extend to a
dispute arising out of any treaty, agreement, covenant,
engagement, sanad or other similar instrument which, having
H been entered into or executed before the commencement of
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1103
[INDIRA BANERJEE, J.]
this Constitution, continues in operation after such A
commencement, or which provides that the said jurisdiction
shall not extend to such a dispute.
132: Appellate jurisdiction of Supreme Court in appeals from
High Courts in certain cases.-
(1) An appeal shall lie to the Supreme Court from any B
judgement, 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 C
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 D
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.
E
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 F
under under Article 134A
(a) that the case involves a substantial question of law
of general importance; and
(b) that in the opinion of the High Court the said
question needs to be decided by the Supreme Court. G
(2) Notwithstanding anything in article 132, any party
appealing to the Supreme Court under clause (1) may urge
as one of the grounds in such appeal that a substantial
question of law as to the interpretation of this Constitution
has been wrongly decided. H
1104 SUPREME COURT REPORTS [2019] 17 S.C.R.
A (3) Notwithstanding anything in this article, no appeal shall,
unless Parliament by law otherwise provides, lie to the
Supreme Court from the judgement, decree or final order of
one Judge of a High Court.
134: Appellate jurisdiction of Supreme Court in regard to
B criminal matters.-
(1) An appeal shall lie to the Supreme Court from any
judgement, final order or sentence in a criminal proceeding
of a High Court in the territory of India if the High Court –
(a) has on appeal reversed an order of acquittal of an
C accused person and sentenced him to death; or (b) has
withdrawn for trial before itself any case from any court
subordinate to its authority and has in such trial convicted
the accused person and sentenced him to death; or (c)
certifies under article 134A that the case is a fit one for
appeal to the Supreme Court:
D
Provided that an appeal under sub-clause (c) shall lie subject
to such provisions as may be made in that behalf under
clause (1) of article 145 and to such conditions as the High
Court may establish or require.
E (2) Parliament may by law confer on the Supreme Court any
further powers to entertain and hear appeals from any
judgment, final order or sentence in a criminal proceeding
of a High Court in the territory of India subject to such
conditions and limitations as may be specified in such law.
F 134A: Certificate for appeal to the Supreme Court.-
Every High Court, passing or making a judgment, decree,
final order, or sentence, referred to in clause (1) of article
132 or clause (1) of article 133, or clause (1) of article
134. –
G (a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of
the party aggrieved, immediately after the passing or making
of such judgment, decree, final order or sentence,
determine, as soon as may be after such passing or making,
H the question whether a certificate of the nature referred to
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1105
[INDIRA BANERJEE, J.]
in clause (1) of article 132, or clause (1) of article 133 or, A
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.-
B
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 C
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
D
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,
E
determination, sentence or order passed or made by
any court or tribunal constituted by or under any
law relating to the Armed Forces.
137: Review of judgments or orders by the Supreme
Court.-
F
Subject to the provisions of any law made by Parliament or
any rules made under article 145, the Supreme Court shall
have power to review any judgment pronounced or order
made by it.
138: Enlargement of the jurisdiction of the Supreme G
Court.-
(1) The Supreme Court shall have such further
jurisdiction and powers with respect to any of the
matters in the Union List as Parliament may by law
confer. H
1106 SUPREME COURT REPORTS [2019] 17 S.C.R.
A (2) The Supreme Court shall have such further
jurisdiction and powers with respect to any matter
as the Government of India and the Government of
any State may by special agreement confer, if
Parliament by law provides for the exercise of such
jurisdiction and powers by the Supreme Court.
B
139: Conferment on the Supreme Court of powers to issue
certain writs.-
Parliament may by law confer on the Supreme Court power
to issue directions, orders or writs, including writs in the
C nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them, for any purposes
other than those mentioned in clause (2) of article 32.
139A: Transfer of certain cases.-
(1) Where cases involving the same or substantially the same
D questions of law are pending before the Supreme Court and
one or more High Courts or before two or more High Courts
and the Supreme Court is satisfied on its own motion or on
an application made by the Attorney-General of India or by
a party to any such case that such questions are substantial
E questions of general importance, the Supreme Court may
withdraw the case or cases pending before the High Court
or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the
said questions of law return any case so withdrawn together
F with a copy of its judgment on such questions to the High
Court from which the case has been withdrawn, and the High
Court shall on receipt thereof, proceed to dispose of the case
in conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do
for the ends of justice, transfer any case, appeal or other
G
proceedings pending before any High Court to any other
High Court.
140: Ancillary powers of Supreme Court.-
Parliament may by law make provision for conferring upon
H the Supreme Court such supplemental powers not
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1107
[INDIRA BANERJEE, J.]
inconsistent with any of the provisions of this Constitution A
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.- B
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.-
C
(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
D
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.
E
(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, have all
and every power to make any order for the purpose
of securing the attendance of any person, the
discovery or production of any documents, or the F
investigation or punishment of any contempt of itself.
143: Power of President to consult Supreme Court.-
(1) If at any time it appears to the President that a
question of law or fact has arisen, or is likely to
arise, which is of such a nature and of such public G
importance that it is expedient to obtain the opinion
of the Supreme Court upon it, he may refer the
question to that Court for consideration and the
Court may, after such hearing as it thinks fit, report
to the President its opinion thereon. H
1108 SUPREME COURT REPORTS [2019] 17 S.C.R.
A (2) The President may, notwithstanding anything in the
proviso to article 131, refer a dispute of the kind
mentioned in the said proviso to the Supreme Court
for opinion and the Supreme Court shall, after such
hearing as it thinks fit, report to the President its
opinion thereon.
B
144: Civil and judicial authorities to act in aid of the
Supreme Court.-
All authorities, civil and judicial, in the territory of India shall
act in aid of the Supreme Court.
C 145: Rules of Court, etc.-
(1) Subject to the provisions of any law made by Parliament,
the Supreme Court may from time to time, with the approval
of the President, make rules for regulating generally the
practice and procedure of the Court….”
D xxx xxx xxx
200. Assent to Bills. When a Bill has been passed by the
Legislative Assembly of a State or, in the case of a State
having a Legislative Council, has been passed by both Houses
of the Legislature of the State, it shall be presented to the
E Governor and the Governor shall declare either that he
assents to the Bill or that he withholds assent therefrom or
that he reserves the Bill for the consideration of the
President:
Provided that the Governor may, as soon as possible after
F the presentation to him of the Bill for assent, return the Bill
if it is not a Money Bill together with a message requesting
that the House or Houses will reconsider the Bill or any
specified provisions thereof and, in particular, will consider
the desirability of introducing any such amendments as he
may recommend in his message and, when a Bill is so returned,
G the House or Houses shall reconsider the Bill accordingly,
and if the Bill is passed again by 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
H shall reserve for the consideration of the President, any Bill
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1109
[INDIRA BANERJEE, J.]
which in the opinion of the Governor would, if it became law, A
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 B
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 C
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 D
without amendment, it shall be presented again to the
President for his consideration.
xxx xxx xxx
245. Extent of laws made by Parliament and by the
E
Legislatures of States.-
(1) Subject to the provisions of this Constitution,
Parliament may make laws for the whole or any part
of the territory of India, and the Legislature of a
State may make laws for the whole or any part of F
the State
(2) No law made by Parliament shall be deemed to be
invalid on the ground that it would have extra
territorial operation.
246. Subject-matter of laws made by Parliament and by the G
Legislatures of States.- (1) Notwithstanding anything in
clauses (2) and (3), Parliament has exclusive power to make
laws with respect to any of the matters enumerated in List I
in the Seventh Schedule (in this Constitution referred to as
the “Union List”). H
1110 SUPREME COURT REPORTS [2019] 17 S.C.R.
A (2) Notwithstanding anything in clause (3), Parliament and,
subject to clause (1), the Legislature of any State also, have
power to make laws with respect to any of the matters
enumerated in List III in the Seventh Schedule (in this
Constitution referred to as the “Concurrent List”).
B (3) Subject to clauses (1) and (2), the Legislature of any State
has exclusive power to make laws for such State or any part
thereof with respect to any of the matters enumerated in List
II in the Seventh Schedule (in this Constitution referred to
as the “State List”).
C (4) Parliament has power to make laws with respect to any
matter for any part of the territory of India not included in
a State notwithstanding that such matter is a matter
enumerated in the State List.
247. Power of Parliament to provide for the establishment
D of certain additional courts.-
Notwithstanding anything in this Chapter, Parliament may by
law provide for the establishment of any additional courts
for the better administration of laws made by Parliament or
of any existing laws with respect to a matter enumerated in
E the Union List.
248. Residuary powers of legislation.-
(1) Parliament has exclusive power to make any law with
respect to any matter not enumerated in the
Concurrent List or State List
F
(2) Such power shall include the power of making any
law imposing a tax not mentioned in either of those
Lists
262. Adjudication of disputes relating to waters of inter-State
G rivers or river valleys.- (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
H may by law provide that neither the Supreme Court nor any
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1111
[INDIRA BANERJEE, J.]
other court shall exercise jurisdiction in respect of any such A
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- B
(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 C
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 D
promulgated by the President or the Governor of
a State, and
(iii) of all orders, rules, regulations and bye-laws
issued under this Constitution or under any law
made by Parliament or the Legislature of a State, E
shall be in the English language.
(2) Notwithstanding anything in sub-clause (a) of clause (1),
the Governor of a State may, with the previous consent of
the President, authorise the use of the Hindi language, or
any other language used for any official purposes of the F
State, in proceedings in the High Court having its principal
seat in that State:
Provided that nothing in this clause shall apply to any
judgment, decree or order passed or made by such High
Court.” G
8. Learned Counsel appearing on behalf of the appellant submitted
that the Rent Control Act has been enacted by the Chhattisgarh State
Legislature, in exercise of legislative power conferred by Entry 18 of
List II, that is, the State List in the Seventh Schedule to the Constitution
of India. H
1112 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 9. Counsel argued that Entry 77 of List I, that is, the Union List,
confers exclusive power to the Union Legislature, to legislate with
regard to the constitution, organisation, jurisdiction and powers of the
Supreme Court, including contempt of such Court, whereas Entry 65
of the State List enables the State Legislature to legislate in respect of
the jurisdiction and power of all Courts, except the Supreme Court.
B
10. Learned Counsel argued that Section 13(2) of the Rent
Control Act does not confer any additional jurisdiction to the Supreme
Court, which the Supreme Court did not otherwise possess. Section
13(2) of the Rent Control Act confers appellate jurisdiction to the
Supreme Court of India, which the Supreme Court, in any case, always
C had and still has under Article 136 of the Constitution.
11. Learned Counsel further argued that Entry 77 enables the
Union Parliament to legislate with regard to the constitution, organization,
jurisdiction and powers of the Supreme Court of India. According to
Counsel, the scope of this Entry cannot be widened to include the
D appellate jurisdiction of the Supreme Court.
12. Counsel emphatically asserted that Article 138(1) provides
that the Supreme Court shall have such further jurisdiction and powers
with respect to any of the matters in the Union List, as Parliament may
by law confer. This provision, according to Counsel, can only be
E understood to include the original jurisdiction of the Supreme Court.
13. Counsel argued that Article 138(2) provides that the 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
F 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
G 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,
H but reserve the same for the consideration of the President.
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1113
[INDIRA BANERJEE, J.]
16. Counsel submitted that a law which curtails powers of the A
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 that a comparative reading of Articles 138(2)
and Article 200 show that the State can make a law conferring appellate B
jurisdiction on the Supreme Court in the following two conditions:
(i) When Government of India and Government of any
Stateagree to confer jurisdiction and power on the
Supreme Court [Article 138(2)];
C
(ii) When the President assents to the Bill forwarded by the
Governor of the State [second proviso to Article 200]
18. Learned Counsel submitted that in this case, the conditions
of Article 138(2) and the Second proviso to Article 200 have both been
complied with. The President has, on reference by the Governor,
D
assented to the Bill, which has resulted in a new enactment.
19. Learned Counsel argued that, as per Article 74 of the
Constitution, the President is to act as per the aid and advice of the
Council of Ministers. To strengthen his argument that the President
cannot act independently, but can only act on the aid and advice of his
E
Council of Ministers, Counsel cited Samsher Singh vs.the State of
Punjab and Anr. reported in AIR 1974 SC 2192: (1974) 2 SCC
831.
20. According to Counsel, assent by the President, on the aid
and advice of the Council of Ministers, tantamounts to compliance with
the conditions in Article 138(2) of the Constitution, as Presidential assent F
on the aid and advice of the Council of Ministers, means agreement
between the State Government and the Government of India to confer
appellate jurisdiction and power to the Supreme Court in relation to
orders of the Rent Control Tribunal.
21. Counsel also emphasized on the difference in the language G
of Article 138 (1) and Article 138(2) and in particular the use of the
expression, ‘Government of India’ in Article 138(2) as against the
expression ‘Parliament’ in Article 138(1), to argue that the Government
of India and the Government of any State may by special agreement
confer further jurisdiction and powers to the Supreme Court, for which H
1114 SUPREME COURT REPORTS [2019] 17 S.C.R.
A no statutory enactment of Parliament is necessary. The advice of the
Council of Ministers to the President of India, to assent to a State
enactment evinces an agreement between the Government of India and
the State Government in that regard.
22. Counsel has also cited Puthiyadath Jayamathy Avva and
B Ors. vs. K.J. Naga Kumar and Ors. reported in AIR 2001 KER 38.
The part of the judgment cited is extracted hereinbelow:-
“...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
C 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-
D 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
E 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
F the position which that Court by this Constitution, is designed to fill” in
the last part of the second proviso to Article 200 alludes to derogation
of the inherent powers of the High Court under Articles 226 and Article
227 of the Constitution of India. The Rent Control Act does not touch
the power of the High Courts, of judicial review under Articles 226 and
G 227 of the Constitution of India. Section 13(2) of the Rent Control Act
only confers appellate jurisdiction on the Supreme Court of India, which
is not prohibited or barred under the Constitution.
25. Counsel emphatically reiterated his argument that the Rent
Control Act has not conferred any jurisdiction on the Supreme Court,
H which it did not earlier possess. Article 136 provides for appeal to the
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1115
[INDIRA BANERJEE, J.]
Supreme Court against any order of any Court or Tribunal. Section 13(2) A
of the Rent Control Act is only in consonance with or may be an
extension of the powers of the Supreme Court under Article 136.
26. The learned Attorney General for India, on the other hand,
submitted that Section 13(2) of the Rent Control Act which provides
for direct appeal to the Supreme Court of India, from any order passed B
by the Rent Control Tribunal, set up under the Rent Control Act, is
unconstitutional, the same being beyond the legislative competence of
the State Legislature of Chhattisgarh.
27. The learned Attorney General submitted that lack of
legislative competence of the Chhattisgarh State Legislature, to enact C
Section 13(2) of the Rent Control Act, is evident from a mere reading
of three entries in the Seventh Schedule of the Constitution of India,
that is,Entry 77 of List 1 (Union List), Entry 65 of List II (State List)
and Entry 46 of List III (Concurrent List).
28. The learned Attorney General submitted that it would be seen D
that Entry 77 of List I, read with Article 146(1) of the Constitution,
confers on Parliament the exclusive jurisdiction to legislate with regard
to the jurisdiction and powers of the Supreme Court of India.
Furthermore, Entry 65 of List II, as well as Entry 46 of List III, prohibit
a State Legislature from legislating in regard to the jurisdiction of the
E
Supreme Court of India.
29. The learned Attorney General further submitted that the clear
scheme and architecture of these entries is buttressed by other
provisions in the Constitution, which confer only on Parliament the
competence to legislate in regard to the Supreme Court of India. These
F
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
G
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. H
1116 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 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
B
provisions of the Constitution.
32. The learned Attorney General referred to the decision of this
Court in K.K. Poonacha vs. State of Karnataka and Ors. reported
in (2010) 9 SCC 671, which interprets, inter alia, Article 31(3) of the
Constitution, as it stood prior to its repeal. Article 31 pertained to the
C compulsory acquisition of property, and Clause (3) thereof stated that
“No such law as stated in Clause (2) made by the Legislature of a
State shall have effect unless such law, having been reserved for the
consideration of the President, has received his assent”. In K.K.
Poonacha (supra), this Court opined:-
D “What was implicit in the language of Article 31(3) was that
the particular law was within the legislative competence of
the State and such law did not violate the provisions
contained in Part III or any other provision of the
Constitution. The assent given by the President in terms of
E Article 31(3) of the Constitution to a law enacted by the
legislature of a State did not mean that the particular
enactment acquired immunity from challenge even though the
same was not within the legislative competence of the State
or was otherwise violative of any constitutional provision.”
F 33. The learned Attorney General submitted, and rightly, that the
observations of this Court in K.K. Poonacha (supra) squarely apply
to the grant of assent by the President of India under Article 201 of
the Constitution.
34. The learned Attorney General submitted that it is worth noting
G that the Governor of a State may reserve a Bill for the consideration
of the President of India for various reasons, including inconsistency
with a parliamentary statute, impact of the statute on relations with other
states, etc. In certain situations, the Governor is bound to reserve a
Bill for the consideration of the President, including matters covered
by the second proviso to Article 200, i.e. a Bill, which in the opinion of
H the Governor would “so derogate from the powers of the High Court
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1117
[INDIRA BANERJEE, J.]
as to endanger the position which that Court is by this Constitution A
designed to fill”. This is consistent with the role and duty of the Governor
of a State, and the President of India, who, like the King of England
will still have the right “to be consulted, to encourage and to warn”, as
explained in Shamsher Singh (supra). However, the grant of assent
by the Governor, or by the President, would not in any manner affect
B
or control the issue of legislative 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 vs. Shakuntala Devi
C
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
D
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
E
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 the matters enumerated in List III in the Seventh
Schedule, that is, the Concurrent List. F
38. While Parliament has exclusive power under Article 246(1)
of the Constitution to make laws with respect to the matters
enumerated in the Union List, the State Legislature has exclusive power
to make laws with respect to matters enumerated in the State List,
subject to Clauses (1) and (2) of Article 246. Along with the Union G
Legislature, the State Legislature is also competent to enact laws in
respect of the matters enumerated in the Concurrent List, subject to
the provisions of Article 246(1).
39. The entries in the three lists, relevant to the issues referred
to this Bench, that is, Entry 77 of the Union List, Entries 18 and 65 of H
1118 SUPREME COURT REPORTS [2019] 17 S.C.R.
A the State List and Entry 46 of the Concurrent List are set out
hereinbelow for convenience:-
“List I- Union List
“77. Constitution, organisation, jurisdiction and powers of
the Supreme Court (including contempt of such Court), and
B the fees taken therein; persons entitled to practise before the
Supreme Court.”
List II – State List
“18. Land, that is to say, rights in or over land, land tenures
C including the relation of landlord and tenant, and the
collection of rents; transfer and alienation of agricultural
land; land improvement and agricultural loans; colonization.
xxx xxx xxx
65. Jurisdiction and powers of all courts, except the Supreme
D Court, with respect to any of the matters in this List.”
List III - Concurrent List
46. Jurisdiction and powers of all courts, except the Supreme
Court, with respect to any of the matters in this List.”
E 40. The Supreme Court has been established under Article 124
of the Constitution of India and derives its jurisdiction and powers from
Articles 131 to 145 thereof. There is no provision in the Constitution
which provides for direct appeal to the Supreme Court, from an order
of a Tribunal constituted under any law enacted by a State Legislature.
F 41. Article 262(2) of the Indian Constitution which enables
Parliament to enact law abrogating the power of the Supreme Court
to adjudicate the disputes referred to in Article 262(1), and Article 348
of the Constitution of India in respect of parliamentary enactments
relating to the language of the Supreme Court and the High Courts,
referred to by the Learned Attorney General for India, are not really
G 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
H tenures including relation of landlord and tenant and the collection of
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1119
[INDIRA BANERJEE, J.]
rent. The State Legislature being clothed with power to enact law in A
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 B
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.
C
44. Clause (2) of Article 323B was amended by the Constitution
(Seventy fifth Amendment) Act, with effect from 15 th May, 1994 to
inter alia insert clause (h), thereby enabling the appropriate legislature
to make law, providing for adjudication or trial by Tribunals of any
disputes, complaints or offences, in respect of issues relating to tenancy
and rent, including regulation and control of rent. D
45. The Explanation appended to Section 323B of the Constitution
explains “appropriate legislature” in Article 323B to mean Parliament,
or as the case may be, a State Legislature, competent to make laws
with respect to the matter in accordance with the provisions of Part
XI of the Constitution of India, which includes Articles 245 and 246. E
46. On a conjoint reading of Article 323B and Articles 245 and
246 of the Constitution of India with Entry 18 of the State List in the
Seventh Schedule, there can be no doubt that the State Legislature was
competent to enact law to provide for adjudication and trial of all
disputes, complaints and offences relating to tenancy and rent, by a F
Tribunal.
47. The Chhattisgarh State Legislature was thus competent to
enact the Rent Control Act, to the extent that it provides for the
adjudication of original disputes relating to tenancy and rent by the Rent
Controller, and creates a Tribunal to decide appeals from orders of the G
Rent Controller, but subject to the exception, as discussed hereafter.
48. When the question of vires of any enactment is considered,
it is to be seen, whether looking at the legislation as a whole, it can be
said to be a legislation, substantially with respect to any of the matters,
with regard to which the Legislature is competent to legislate, under H
1120 SUPREME COURT REPORTS [2019] 17 S.C.R.
A any specific Article of the Constitution, or any of the Entries in the
relevant List in the Seventh Schedule thereto. Once it is held that it
is so, the legislative power conferred by that Entry is to extend to all
ancillary matters, which may fairly and reasonably be said to be
comprehended in that arena, as held by the Federal Court in United
Provinces vs. Atika Begum reported in AIR 1941 FC 16 (25) and
B
reiterated by this Court in numerous judgments.
49. Section 13(2) of the Rent Control Act, providing for direct
appeal to the Supreme Court from orders passed by the Rent Control
Tribunal, is not ancillary or incidental to the power of the Chhattisgarh
State Legislature to enact a Rent Control Act, which provides for
C appellate 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
D 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
E 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
F Chhattisgarh State Legislature, thus, patently lacks competence to enact
any law which affects the jurisdiction of the Supreme Court, outside
the State of Chhattisgarh.
52. Entry 18 of the State List only enables the State Legislature
to legislate with regard to landlord tenant relationship, collection of rents
G etc. This Entry does not enable the State Legislature to circumvent
Entry 64 of the State List or Entry 46 of the Concurrent List which
enable the State Legislature to enact laws with respect to the jurisdiction
and powers of Courts, except the Supreme Court, or to render otiose,
Entry 77 of the Union List, which expressly confers law making power
in respect of the jurisdiction of the Supreme Court, exclusively to
H Parliament.
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1121
[INDIRA BANERJEE, J.]
53. Entry 18 of the State List, which only enables the State A
Legislature to legislate with regard to land, land tenures, landlord tenant
relationship, collection of rents etc. does not enable the State Legislature
to enact law conferring appellate jurisdiction to the Supreme Court in
respect of orders passed by an Appellate Rent Control Tribunal,
constituted under a state law. B
54. In view of Entry 77 of the Union List, only Parliament has
the legislative competence to legislate with respect to the constitution,
organization, jurisdiction or powers of the Supreme Court. Entry 64 of
the State List and Entry 46 of the Concurrent List enable the State
Legislature to enact law with respect to the jurisdiction and powers of C
Courts except the Supreme Court. In other words, the said Entries
expressly debar the State Legislature from legislating with respect to
the jurisdiction of the Supreme Court.
55. Article 323B (3)(d) provides that a law made under Article
323B (1) may exclude the jurisdiction of all courts except the jurisdiction D
of the Supreme Court under Article 136, with respect to all or any of
the matters falling within the jurisdiction of the said tribunals. Article
323B does not enable a State Legislature to expand the jurisdiction of
the Supreme Court by enacting a provision for further statutory appeal
to the Supreme Court from an order of an Appellate Tribunal.
E
56. The contention of Counsel for the appellant that Section 13(2)
of the Rent Control Act does not confer on the Supreme Court,
jurisdiction it did not already possess, but is only incidental to and/or
extension of its power under Article 136, is not sustainable in law.
57. Under Article 136 of the Constitution, the Supreme Court F
does not act as a regular court of appeal. The power of the Supreme
Court under Article 136 is not to be confused with the appellate power
ordinarily exercised by appellate courts and Tribunals under specific
statutes.
G
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 vs. B. K. Subba Rao reported in (2003) 2 SCC
76. H
1122 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 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.
vs. Commissioner of Income Tax, West Bengal reported in AIR 1955
SC 65 and reiterated in numerous other decisions. appellate jurisdiction
B
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
C
any uncertainty in the law, the Supreme Court, in its discretion, settles
the law. The Supreme Court does not ordinarily interfere with concurrent
findings of fact under Article 136. If the concurrent findings are based
on accepted oral or documentary evidence, there is no interference
under Article 136 of the Constitution.
D
61. While exercising power under Article 136 of the Constitution,
the Supreme Court does not re-appreciate evidence which has been
appreciated by the Trial Court and the High Courts, unless extraordinary
circumstances exist. It is only where the High Court has completely
missed the real point requiring adjudication or has missed or ignored
E the relevant material, would the Supreme Court be justified in getting
into evidence for the purpose of preventing grave injustice to a party.
62. An appeal, on the other hand, is a continuation of the original
proceedings. Where there is a statutory appeal from an appellate order
of the Tribunal, the appellate court is obliged to rehear the case, re-
F appreciate and re-analyze the evidence on record, adjudicate the
correctness of the order impugned and correct errors both of fact and
of law, that the Tribunal may have made.
63. Article 200 of the Constitution relating to the passage of Bills
except money Bills, requires Bills passed by the Legislative Assembly
G of a State, or in case of a State having a Legislative Council, a bill
passed by both the houses of the Legislature of the State, to be
presented to the Governor for assent. Such Bills become law on receipt
of assent of the Governor.
64. The second proviso to Article 200 of the Constitution
H mandates the Governor not to assent, but reserve for the consideration
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1123
[INDIRA BANERJEE, J.]
of the President, any Bill, which in the opinion of the Governor would, A
if it became law, so derogate from the powers of the High Court, as
to endanger the position which that Court is, by the Constitution,
designed to fill.
65. Presidential assent is imperative in the case of law enacted
by a State Legislature, which would derogate from the powers of the B
High Court, as to endanger the position which that Court is, by the
Constitution, designed to fill.
66. Entry 65 of the State List read with Entry 46 of the
Concurrent List, as stated above, enables the State Legislature to enact
law with respect to the jurisdiction and powers of all Courts, except C
the Supreme Court with respect to any 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
D
an inviolable basic feature of the Constitution in L Chandra Kumar
vs. Union of India and others reported in 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
E
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 F
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 such bill for the consideration of the President.
G
69. The second proviso to Article 200 is not attracted in the case
of Section 13(2) of the Rent Control Act, since it does not derogate
from any power of the High Court. It is well settled that there is no
inherent right of appeal. Right of appeal is conferred by Statute. A
Statute is not invalid only because it has no provision of appeal to the
High Court. H
1124 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 70. For the purpose of this reference, it is not necessary for us
to go into the question of which curtailments of the power of the High
Court would threaten the position which the High Court is required by
the Constitution to fill.
71. The amplitude of power conferred by Clauses 1 and 2 of
B Article 246, makes the Parliament competent to make a law enlarging
the jurisdiction of the Supreme Court with respect to any of the matters
enumerated in List I and III, even though such enlargement may not
be contemplated by the various Articles of Chapter IV of Part V of
the Constitution.
C 72. By virtue of the power conferred by Article 248 of the
Constitution of India, the Parliament has, subject to Article 246 A of
the Constitution, exclusive power to make any law with respect to any
matter not enumerated in the Concurrent List or State List. The
residuary power of legislation thus rests with Parliament.
73. Suffice it to note that in view of Entry 65 of the State List
D
and Entry 46 of the Concurrent List, the State Legislature can enact
law which affects the jurisdiction of all Courts, except the Supreme
Court. In other words it can enact law which affects the jurisdiction
of the High Court, except under Articles 226 and 227, but it cannot
enact law which touches the jurisdiction of the Supreme Court. The
E Rent Control Tribunal having been established under Article 323B of
the Constitution, as observed above, the diminution, if any, of the
jurisdiction of the High Court, except under Article 226 and 227, would
be saved by Article 323B(3)(d) of the Constitution, but not the provision
for statutory appeal to the Supreme Court.
F 74. The argument of Learned Counsel for the appellant that
Article 138(1) and/or Entry 77 of the Union List only takes within its
ambit, the Original jurisdiction of the Supreme Court, and not its
appellate jurisdiction, is fallacious and without basis. There is no reason
to restrict the scope of Article 138(1) or of Entry 77 of the Union List
in the Schedule to the Constitution artificially. Entry 77 of the Union
G 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
H unexceptionable.
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1125
[INDIRA BANERJEE, J.]
76. However, Presidential assent makes no difference in case A
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 B
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 C
Control Act with the provisions of the Constitution, including in particular,
Entry 65 of the State List and Entry 46 of the Concurrent List, which
expressly exclude from the State Legislature, the competence and/or
power to enact law affecting the jurisdiction of the Supreme Court.
78. A law made under Article 323B (1) of the Constitution may D
exclude the jurisdiction of all Courts except the jurisdiction of the
Supreme Court under Article 136 with respect to the matters falling
within the jurisdiction of the said Tribunals. However, as observed above,
Article 323B (2) (d) or any other provision of the Constitution does not
enable the State Legislature to enact law which provides for statutory
appeals to the Supreme Court. E
79. Section 13(2) of the Rent Control Act purports to confer a
right of statutory Second Appeal to the Supreme Court. Even in case
of concurrent findings of the Rent Controller and Rent Control Tribunal,
where no serious question of law were involved, an appeal would have
to be entertained and decided. Such a provision which mandates the F
Supreme Court to consider an appeal is clearly beyond the legislative
competence of the State Legislature, as argued by the learned Attorney
General. Article 200 as observed above does not and cannot validate
an ultra vires enactment, which the concerned Legislature lacked
competence to enact. G
80. Article 138 (2) of the Constitution provides that the Supreme
Court shall have such further jurisdiction and powers with respect to
any matter as the Government of India and the Government of any
State may by special agreement confer, if Parliament by law provides
for the exercise of such jurisdiction and powers by the Supreme Court. H
1126 SUPREME COURT REPORTS [2019] 17 S.C.R.
A 81. It is difficult to accept the submission of Counsel appearing
on behalf of the appellant, that reservation of a Bill for Presidential
assent and consequential grant of Presidential assent, tantamounts to
special agreement between the Government of India and the State
Government, because the President acts on the aid and advice of the
Council of Ministers.
B
82. A special agreement, in our considered view means, an
independent agreement arrived at between the Government of India
and the Government of a State through deliberations and negotiations
and not just an approval of legislation by the President on the aid and
advice of the Council of Ministers.
C
83. In any case, the Supreme 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
D
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
E
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,
F
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, to keep
G
subordinate courts and tribunals within the limits of their authority.
When a Tribunal has acted within its jurisdiction, the High Court does
not interfere in exercise of its extraordinary writ jurisdiction unless there
is grave miscarriage of justice or flagrant violation of law. Jurisdiction
under Article 227 cannot be exercised “in the cloak of an appeal in
H disguise”.
RAJENDRA DIWAN v. PRADEEP KUMAR RANIBALA & ANR. 1127
[INDIRA BANERJEE, J.]
87. In exercise of its extraordinary power of superintendence and/ A
or judicial review under Article 226 and 227 of the Constitution of India,
the High Courts restrict interference to cases of patent error of law
which go to the root of the decision; perversity; arbitrariness and/or
unreasonableness; violation of principles of natural justice, lack of
jurisdiction and usurpation of powers. The High Court does not re-
B
assess or re-analyze the evidence and/or materials on record. Whether
the High Court would exercise its writ jurisdiction to test a decision of
the Rent Control Tribunal would depend on the facts and circumstances
of the case. The writ jurisdiction of the High Court cannot be converted
into an alternative appellate forum, just because there is no other
provision of appeal in the eye of law. C
88. In L Chandrakumar (supra) the Supreme Court in effect
held that the power of the High Court under Article 226/227 of the
Constitution, being an inviolable basic feature of the Constitution such
power cannot be abrogated by statutory enactment or for that matter
even by constitutional amendment. L Chandrakumar (supra) cannot D
be construed to enlarge the jurisdiction of the High Court under Article
226 and 227, to enable it to exercise appellate powers.
89. For the reasons discussed above, we hold that the State
Legislature lacked legislative competence to enact Section 13(2) of the
Rent Control Act. We, therefore, declare Section 13(2) of the Rent E
Control Act ultra vires the Constitution of India, null and void and of
no effect.
Ankit Gyan Referred question answered.
F
G
H
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