Case Note & Summary
The case arose from an appeal filed under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, against an eviction order passed by the Rent Control Tribunal. The Supreme Court, while hearing the appeal, raised a preliminary issue regarding its maintainability, questioning whether the State Legislature had the legislative competence to provide for a direct appeal to the Supreme Court. The matter was referred to a Constitution Bench. The Court examined the relevant constitutional provisions, including Articles 124, 130-143, which delineate the jurisdiction of the Supreme Court. It noted that appellate jurisdiction of the Supreme Court is governed by Articles 132-136, and any enlargement of jurisdiction must be by Parliament under Article 138. The Court held that a State Legislature cannot confer jurisdiction on the Supreme Court, as the Constitution does not permit it. The argument that the Act received Presidential assent under Article 200 was rejected, as Article 138(2) requires a special agreement and a law by Parliament. Consequently, Section 13(2) was declared ultra vires. The Court directed that the appeal be treated as a petition for special leave under Article 136 and listed for hearing on merits.
Headnote
A) Constitutional Law - Legislative Competence - Appellate Jurisdiction of Supreme Court - Section 13(2) of Chhattisgarh Rent Control Act, 2011 - The State Legislature lacks competence to enact a provision conferring direct appellate jurisdiction on the Supreme Court, as such jurisdiction can only be conferred by Parliament under Articles 132-136 and 138 of the Constitution. The provision is ultra vires the Constitution. (Paras 1-6)
B) Constitutional Law - Interpretation of Constitution - Article 138(2) - Article 200 - Section 13(2) of Chhattisgarh Rent Control Act, 2011 - The argument that the Act is protected by Article 138(2) read with Article 200 was rejected; Article 138(2) requires a special agreement between the Government of India and a State and a law by Parliament, which was absent. The provision is invalid. (Paras 4-5)
Issue of Consideration
Whether Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provides for a direct appeal to the Supreme Court from orders of the Rent Control Tribunal, is ultra vires the Constitution of India for lack of legislative competence of the State Legislature.
Final Decision
Section 13(2) of the Chhattisgarh Rent Control Act, 2011 is declared ultra vires the Constitution of India. The appeal is directed to be treated as a petition for special leave under Article 136 and listed for hearing on merits.
Law Points
- Legislative competence
- Appellate jurisdiction of Supreme Court
- Article 138(2) of Constitution
- Article 200 of Constitution
- Section 13(2) of Chhattisgarh Rent Control Act
- 2011
Case Details
Civil Appeal No. 3613 of 2016
Pradeep Kumar Ranibala & Anr.
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Nature of Litigation
Civil appeal against eviction order under Chhattisgarh Rent Control Act, 2011
Remedy Sought
Appellant tenant sought to challenge eviction order passed by Rent Control Tribunal
Filing Reason
Eviction application filed by respondent-landlord under Section 12 of the Rent Control Act was allowed by Rent Control Authority and confirmed by Rent Control Tribunal
Previous Decisions
Rent Control Authority allowed eviction on 14.09.2015; Rent Control Tribunal confirmed on 01.12.2015
Issues
Whether Section 13(2) of the Chhattisgarh Rent Control Act, 2011 is ultra vires the Constitution for lack of legislative competence
Submissions/Arguments
Appellant argued that the appeal is maintainable under Section 13(2) of the Rent Control Act
Respondent and Attorney General argued that the State Legislature lacked competence to provide for direct appeal to Supreme Court
Advocate General for Chhattisgarh argued that the Act is protected by Article 138(2) read with Article 200 as it received Presidential assent
Ratio Decidendi
A State Legislature lacks legislative competence to enact a provision conferring direct appellate jurisdiction on the Supreme Court, as such jurisdiction can only be conferred by Parliament under Articles 132-136 and 138 of the Constitution. Article 138(2) requires a special agreement between the Government of India and a State and a law by Parliament, which was absent in this case.
Judgment Excerpts
Section 13(2) of the Rent Control Act provides:- (1) Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the prescribed time to the Rent Control Tribunal. (2) Appeal against an order of the Rent Control Tribunal shall lie with the Supreme Court.
The question which requires to be determined by this Bench is, whether Section 13(2) of the Rent Control Act is ultra vires the Constitution of India, by reason of lack of legislative competence of the Chhattisgarh State legislature to enact the provision.
Procedural History
Rent Control Authority allowed eviction on 14.09.2015; Rent Control Tribunal confirmed on 01.12.2015; appeal filed in Supreme Court under Section 13(2) of Rent Control Act; Supreme Court raised maintainability issue and referred to Constitution Bench.
Acts & Sections
- Chhattisgarh Rent Control Act, 2011: Section 12, Section 13(2)
- Constitution of India: Article 124, Article 130, Article 131, Article 132, Article 133, Article 134, Article 134A, Article 135, Article 136, Article 137, Article 138, Article 139, Article 139A, Article 140, Article 141, Article 142, Article 143, Article 145(3), Article 200
