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Supreme Court of India 2019-10-15 dismissed

H. S. YADAV vs SHAKUNTALA DEVI PARAKH

Bench: 2 — Deepak Gupta, Surya Kant

In Brief

H.S. Yadav challenged a Rent Control Tribunal order under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided a direct appeal to the Supreme Court. The Court held that a State Legislature cannot enact legislation providing direct appeals to the Supreme Court, as this power is exclusively vested in Parliament under Entry 77 of the Seventh Schedule. The Court struck down Section 13(2) as ultra vires the Constitution and directed that grievances should instead be addressed to the High Court under Article 227, which retains supervisory jurisdiction over such tribunals.

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Constitutional Law Jurisdiction Rent Control Administrative Tribunals Seventh Schedule Separation of Powers

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