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Supreme Court of India 2019-12-10 allowed

RAJENDRA DIWAN vs PRADEEP KUMAR RANIBALA

Bench: 5 — Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, S. Ravindra Bhat

In Brief

The Supreme Court struck down Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for direct statutory appeals to the Supreme Court from the Rent Control Tribunal. The Court held that the State Legislature lacked constitutional competence to enact this provision. Entry 77 of the Union List exclusively grants Parliament the power to legislate on the Supreme Court's jurisdiction, while Entries 65 (State List) and 46 (Concurrent List) explicitly bar State Legislatures from affecting Supreme Court jurisdiction. Presidential assent cannot cure a lack of legislative competence. The Court confirmed that Article 136 grants only discretionary special leave powers, not a mandatory appellate jurisdiction. The High Court's writ powers under Articles 226-227 remain inviolable constitutional features.

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Constitutional Law Separation of Powers Federalism Legislative Competence Jurisdiction of Courts Rent Control Tribunals

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