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Supreme Court of India 2023-05-11 disposed

STATE OF MEGHALAYA vs UNION OF INDIA & OTHERS

Bench: 2 — Dinesh Maheshwari, Sanjay Kumar

In Brief

The State of Meghalaya challenged the constitutional validity of certain sections of the Lotteries (Regulation) Act, 1998, invoking the Supreme Court's original jurisdiction under Article 131 of the Constitution. The defendants contended the suit was not maintainable, arguing that constitutional challenges should be brought through writ petitions under Articles 32 or 226, not under Article 131. The Court held that Article 131 proceedings differ fundamentally from ordinary civil suits and are available exclusively to the Union and States. A State asserting its right to conduct business under Article 298(b), constrained by Central legislation, can invoke Article 131. The Court also held that even if final determination of constitutional validity awaits a Larger Bench decision, supplemental proceedings and interim relief are not barred. The suit was found maintainable.

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Constitutional Law Federalism Original Jurisdiction Lotteries Article 131 Legislative Validity Inter-State Disputes

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