25 March Saturday

State Governments Have Challenged Centre’s Laws in Apex Court Before : Supreme Court

Web Desk‌Updated: Wednesday Jan 15, 2020

NEW DELHI :  State governments have filed suits against the Centre under Sec 131 in the past, pointed out Supreme Court on Wednesday.

In 1963,  the West Bengal  approached the apex court for scrapping of a  legislation passed by then Parliament. The Coal Mines Regulation Act passed in 1957 allowed the Centre to acquire coal-rich lands of Bengal  for purpose of mining.  Is Centre empowered to formulate such  law, questioned the West Bengal petition ? The 6-member Bench delivered it’s verdict in a “yes”.

In 1977, the Karnataka govt sued the Centre forr forming a judicial commission to probe  the Chief Minister’s corruption scandal.  Though a 4:3 majority admitted  the plea at the Supreme Court, the case  was subsequently dismissed.

In 2011, Madhya Pradesh pulled up the Centre In Supreme Court, over the State Reorganisation Act.  The Bench comprising Justices P Sathasivam and B S Chauhan rebuked the State govt’s  saying, there was no need to approach the apex court and that the High Court was appropriate place to decide on the matter. A suit under Sec 32 could be filed, it said adding that, there was no need to invoke Sec 131 (State-Centre disputes) of the Constitution.

In  Jharkhand govt Vs Bihar govt of 2015, the Bench comprising Justices J Chellameshwaram and  SA Bobde reaffirmed Supreme Court’s earlier stand. Their ruling stated there was nothing wrong in challenging the constitutionality of a legislation passed by either of the Houses i,.e Parliament or Legislative Assembly.