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Supreme Court of India 2022-05-11 partly_allowed

Independent Schools’ Association Chandigarh (Regd.) & Ors vs Union of India & Ors

Bench: 3 — <UNKNOWN>

In Brief

Independent Schools' Association challenged a 2018 Government Notification that extended Punjab's fee regulation law to Chandigarh. The Notification added requirements for schools to disclose financial statements online, prohibited cost-charging to parents, and increased penalties. The Supreme Court held that executive notifications under Section 87 of the Punjab Reorganization Act can only make peripheral changes to the principal enactment. Requiring disclosure of financial statements was a substantive change beyond delegated authority and struck down. The cost-charging prohibition was upheld as consistent with legislative intent. Enhanced penalty amounts were struck down as being substantive policy matters requiring legislative action.

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Constitutional Law Educational Institutions Delegated Legislation Administrative Law Statutory Interpretation Punjab Law

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