Case Note & Summary
The Supreme Court considered the validity of Section 13(2) of the Chhattisgarh Rent Control Act, 2011, which provided for a direct appeal to the Supreme Court from orders of the Rent Control Tribunal. The appeal arose from an eviction proceeding initiated by the respondent-landlord against the appellant-tenant under Section 12 of the Act. The Rent Control Authority allowed eviction, and the Rent Control Tribunal confirmed that order. The tenant appealed to the Supreme Court under Section 13(2). A preliminary bench doubted the maintainability of the appeal, questioning the legislative competence of the State Legislature to enact such a provision. Notice was issued to the Attorney General and the Advocate General of Chhattisgarh. The matter was referred to a Constitution Bench. The central legal issue was whether a State Legislature can confer appellate jurisdiction on the Supreme Court. The Court examined Articles 124, 132-136, 138, and 246 of the Constitution. It held that the jurisdiction of the Supreme Court is defined by the Constitution and can only be enlarged by Parliament under Article 138. Article 138(2) requires a special agreement between the Government of India and a State, followed by a Parliamentary law, neither of which existed. The State Legislature's power under List III Entry 46 (rent control) does not extend to conferring jurisdiction on the Supreme Court. The Court declared Section 13(2) ultra vires and struck it down. Consequently, the appeal was dismissed as not maintainable, leaving the parties to seek remedies before the High Court under Articles 226/227.
Headnote
A) Constitutional Law - Legislative Competence - State Legislature cannot confer appellate jurisdiction on Supreme Court - Constitution of India, Articles 124, 132-136, 138, 246, List III Entry 46 - The Chhattisgarh Rent Control Act, 2011, Section 13(2) purporting to provide a direct appeal to the Supreme Court from the Rent Control Tribunal is ultra vires the Constitution as the State Legislature lacks competence to enact such a provision; only Parliament can confer jurisdiction on the Supreme Court under Article 138. (Paras 1-30) B) Rent Control - Appeal - Direct appeal to Supreme Court from Rent Control Tribunal - Chhattisgarh Rent Control Act, 2011, Section 13(2) - The provision is invalid because it bypasses the High Court and attempts to confer appellate jurisdiction on the Supreme Court, which is exclusively within Parliament's domain under Articles 132-136 and 138 of the Constitution. (Paras 6-30) C) Constitutional Law - Interpretation - Article 138(2) - Special agreement between Government of India and State cannot be used to confer jurisdiction on Supreme Court without Parliamentary law - The Rent Control Act having received Presidential assent does not validate Section 13(2) as Article 138(2) requires a special agreement and a Parliamentary law, neither of which exists. (Paras 20-30)
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
The Supreme Court held that Section 13(2) of the Chhattisgarh Rent Control Act, 2011 is ultra vires the Constitution and struck it down. The appeal was dismissed as not maintainable. Parties were left to seek remedies before the High Court under Articles 226/227 of the Constitution.
Law Points
- Legislative competence
- Appellate jurisdiction of Supreme Court
- Article 138(2) of Constitution
- Article 200 of Constitution
- Article 246 read with List III Entry 46
- Rent control legislation
- Validity of statutory appeal to Supreme Court
