Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2018-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic


Joint Sec. Political Department Vs. High Court of Meghalaya

Head Note

Constitution of India, 1950  - Article 226

Meghalaya Lokayukta Act, 2014, Section 3(2)9a) - Suo Motu Petition - There was no challenge to the constitutional validity of the provisions of the Act - The suo motu petition was registered for giving effect to the Act by bringing the institutions into existence - This may be thought of in very rare circumstances depending on the nature of legislation and the collective benefit but in that arena also the Court cannot raise the issue relating to any particular provision and seek explanation in exercise of jurisdiction under Article 226 of the Constitution - Division Bench of the High Court has, with an erroneous understanding of fundamental principle of law, scanned the anatomy of the provision and passed an order in relation to it as if it is obnoxious or falls foul of any constitutional provision - The same held to be clearly impermissible - Appeal partly allowed - Direction by High Court pertaining to the stay of the provisions of the Meghalaya Lokayukta Act, 2014 liable to be set aside - Directed that State Human Rights Commission shall become functional by end of June, 2016.

Constitution of India, 1950  - Article 32. , Article 226

Public Interest Litigation - Letter Petitions - Constitutional courts can entertain letter petitions and deal with them as writ petitions - But it will depend upon the nature of the issue sought to be advanced - There cannot be uncontrolled or unguided exercise of epistolary jurisdiction.

Topic(s)-PIL - Suo Motu Petition - High Court Order Set Aside

Full Judgement Body

@2017 Indian Law
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