Centre, States and Governors
Federalism, legislative competence, President's rule and the Governor's role.
12 of the 25 judgments in our library on this topic: the ones other judgments here cite most, oldest first.
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25 May 1951 · 5 judges · cited by 2 judgments in this library
State of Bombay v. F.N. BalsaraThe Court upheld the Bombay Prohibition Act, 1949 as within provincial competence over intoxicating liquors, striking down only its bans on medicinal and toilet preparations containing alcohol, on 'commending' intoxicants and certain other severable provisions.
On this path for: Legislative competence
22 December 1961 · 5 judges · cited by 1 judgment in this library
State of Orissa v. Bhupendra Kumar BoseThe Court upheld an Orissa Ordinance validating municipal electoral rolls and the Cuttack municipal elections, holding it did not violate Articles 14 or 254, and that the validation endured after the Ordinance lapsed.
On this path for: Article 254, Constitution
27 February 1967 · 11 judges · cited by 1 judgment in this library
I.C. Golak Nath v. State of PunjabBy 6:5, the Court held that Parliament cannot amend the Constitution so as to take away or abridge fundamental rights, rejecting Sankari Prasad and Sajjan Singh, but left existing amendments in force and dismissed the petitions.
On this path for: Article 245, Constitution; Article 246, Constitution
2 May 1989 · 3 judges · cited by 1 judgment in this library
Electronics Corporation of India Ltd. v. Commissioner of Income TaxThe three-judge Bench expressed the view that Parliament may make laws operating extra-territorially but needs a nexus with something in India, and referred to a Constitution Bench whether Section 9(1)(vii) of the Income Tax Act shows such nexus.
On this path for: Article 245, Constitution
25 October 1989 · 7 judges · cited by 2 judgments in this library
India Cement Ltd. v. State of Tamil NaduA cess levied under Section 115 of the Madras Panchayats Act, 1958 on royalty payable under mining leases was held beyond the State Legislature's competence, with the declaration operating prospectively and no refund of cess already collected.
On this path for: Seventh Schedule, List II, Entries 23, 45, 49 and 50, Constitution; Seventh Schedule, List I, Entry 54, Constitution; Article 246, Constitution
11 March 1994 · 9 judges · cited by 1 judgment in this library
S.R. Bommai v. Union of IndiaA Proclamation under Article 356 is open to judicial review on the material behind it; secularism is a basic feature; the Karnataka and Meghalaya Proclamations were unconstitutional, while those for Madhya Pradesh, Rajasthan and Himachal Pradesh stood.
On this path for: Article 356, Constitution; President's Rule
5 November 2004 · 5 judges · cited by 1 judgment in this library
E.V. Chinnaiah v. State of Andhra PradeshThe Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000, which split the Presidential List of Scheduled Castes into four groups with separate quotas, was beyond State legislative competence and violated Article 14.
On this path for: Article 246, Constitution (Entry 41, List II and Entry 25, List III)
9 August 2011 · 5 judges · cited by 2 judgments in this library
K.T. Plantation (P) Ltd. v. State of KarnatakaThe Court upheld the Roerich Estate Acquisition Act and the withdrawal of the linaloe exemption, and held that Article 300A requires a public purpose for deprivation of property, with any nil or illusory compensation to be justified by the State.
On this path for: Article 254, Constitution
13 July 2016 · 5 judges · cited by 2 judgments in this library
Nabam Rebia and Bamang Felix v. Deputy Speaker, Arunachal Pradesh Legislative AssemblyThe Governor's order preponing the Arunachal Pradesh Assembly session and his message fixing its agenda, issued without the Council of Ministers' aid and advice, were unconstitutional; consequent Assembly decisions were set aside and the status quo ante restored.
On this path for: Article 163, Constitution; Governor's discretion
4 July 2018 · 5 judges
Government of NCT of Delhi v. Union of IndiaUnder Article 239AA, Delhi is not a State, but the Lieutenant Governor is bound by the aid and advice of the Council of Ministers except when he refers a matter to the President, a power for exceptional cases.
On this path for: Lieutenant Governor of Delhi; Federalism
11 May 2023 · 5 judges
Subhash Desai v. Principal Secretary, Governor of MaharashtraThe Constitution Bench held that the political party, not the legislature party, appoints the Whip, that the Governor wrongly called a floor test without objective material, and referred the correctness of Nabam Rebia to seven judges.
On this path for: Article 163, Constitution; Governor's discretion
25 July 2024 · 9 judges
Mineral Area Development Authority v. Steel Authority of IndiaRoyalty under Section 9 of the MMDR Act is not a tax; States can tax mineral rights under Entry 50 and mineral-bearing land under Entry 49 of List II, and the MMDR Act imposes no limitation on that power.
On this path for: Article 246, Constitution; Federalism; Legislative competence
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