Supreme Court Quarterly Digest 2022 - Constitutional Law (Jan - Mar)

Constitution (102nd Amendment) Act, 2018 - What the 102nd Amendment prohibits the State from undertaking is identifying a caste as SEBC or including or excluding a community from the list notified by the President - Determining the extent of reservation for a community amongst the list of Most Backward Classes does not amount to identification. (Para 31) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 Constitution (105th Amendment) Act, 2021 - The 105th Amendment Act cannot be said to be a validating amendment- Prospective in operation - Identifying certain communities which are to be deemed as SEBCs for the purposes of the Central Government and the States, respectively, cannot be said to be a matter of procedure. The procedural aspect of the 102nd Amendment Act and the 105th Amendment Act is only the manner of publication of the lists of SEBCs, whereas the substantive element of the said amendments is identifying and recognising certain communities as SEBCs. (Para 29) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 Constitution (74th Amendment) Act, 1992 - The scheme of the Constitutional Amendment is not to take away legislative competence of the State Legislatures to legislate on the subject of local Government but it is more to ensure that the three tiers of governance are strengthened as part of democratic set up. (Para 8) State of Rajasthan v. Ashok Khetoliya, 2022 LiveLaw (SC) 263 Constitution of India, 1950 - After a period of 10 years from the date of execution of the Sale Deed with NOIDA, the petitioner made a representation to it requesting to allot a plot as agreed in terms of the Sale Deed - High Court directed NOIDA to consider the representation - NOIDA rejected it - This was again challenged before High Court by the Petitioner - High Court dismissed writ petition - SLP challenging the said High Court judgment dismissed. Surjeet Singh Sahni v. State of U.P., 2022 LiveLaw (SC) 232 Constitution of India, 1950 - Appeal against High Court order that set aside order issued by Municipality cancelling work order to appellant - Allowed - In absence of any evidence and material on record and there being disputed questions of facts the High Court ought not to have passed the impugned judgment and order directing the Council to continue the work order. Municipal Corporation Gondia v. Divi Works & Suppliers HUF, 2022 LiveLaw (SC) 225 Constitution of India, 1950 - Levy of Excise Duty - Appeal against High Court order which set aside demand notice issued to pay excise duty on the weak spirit, which was more than 2% allowable wastage - Dismissed - Wastage generated has been found to be unfit and unsafe for potable purpose - the State has power to levy excise duty only in respect of the alcoholic liquor for human consumption. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240 Constitution of India, 1950 - Levy of Excise Duty - State Legislature has no authority to levy duty or tax on alcohol, which is not for human consumption as that could be levied only by the Centre - State only empowered to levy excise duty on alcoholic liquor for human consumption. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240 Constitution of India, 1950 - Manipur Assembly passed the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018 - The Manipur Legislature was competent to enact the Repealing Act, 2018. The saving clause in the Repealing Act, 2018 is struck down. However, this shall not affect the acts, deeds and decisions duly undertaken by the Parliamentary Secretaries under the 2012 Act till discontinuation of their appointments, which are hereby saved. (Para 26) State of Manipur v. Surjakumar Okram, 2022 LiveLaw (SC) 113 Constitution of India, 1950 - Permissibility of sub-classification amongst backward classes as has been done in the 2021 Act cannot be contested. Reasonableness of sub-classification is a separate question. (Para 33) Pattali Makkal Katchi v. A. Mayilerumperumal, 2022 LiveLaw (SC) 333 Constitution of India, 1950 - Prohibition of Cow Slaughter Act, 2004 (Madhya Pradesh) - Appeal against High Court order refusing to interfere with confiscation order passed by District Magistrate despite acquittal in connected criminal case under MP Cow Slaughter Prohibition Act - Allowed - The order of acquittal was passed as evidence was missing to connect the accused with the charges. The confiscation of the appellant's truck when he is acquitted in the Criminal prosecution, amounts to arbitrary deprivation of his property and violates the right guaranteed to each person under Article 300A - The District Magistrate's order of Confiscation (ignoring the Trial Court's judgment of acquittal), is not only arbitrary but also inconsistent with the legal requirements. Abdul Vahab v. State of Madhya Pradesh, 2022...

Supreme Court Quarterly Digest 2022 - Constitutional Law (Jan - Mar)

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