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2019 Supreme(SC) 1135
SUPREME COURT OF INDIA
DEEPAK GUPTA, SURYA KANT, JJ.
H. S. YADAV – APPELLANT(S)
Versus
SHAKUNTALA DEVI PARAKH – RESPONDENT(S)
CIVIL APPEAL NO(S). 5153 OF 2019
Decided On : 15-10-2019
For the Appellant(s) :Ravi Bharuka, Devashish Bharuka, Sarvshree Singh, Justine Geokat, Advocates
For the Respondent(s):Bharat Bhushan, Sumeer Sodhi, Adv. Varun Tankha, Adv. Mr. Ashish Tiwari, Advocates
IMPORTANT POINTS
(1) State Legislature has no power to enact any legislation relating to jurisdiction and power of Supreme Court.
(2) High Court can exercise its supervisory jurisdiction under Article 227 of Constitution against orders of Rent Control Tribunal.
(3) Section 13(2) of Chhattisgarh Rent Control Act, 2011, in so far as it provides appeal directly to Supreme Court, is totally illegal, ultra vires Constitution and beyond scope of powers of State Legislature.
Headnote:
Constitution of India – Article 136 read with Entry 77 of List I, Entry 65 of List II and Entry 46 of List III of Seventh Schedule – Chhattisgarh Rent Control Act, 2011 – Section 13(2) – Appeal to Supreme Court – State Legislature has no power to enact any legislation relating to jurisdiction and power of Supreme Court – This power is specifically excluded – Powers with regard to jurisdiction and power of Supreme Court vest with Union and Parliament alone can enact a legislation in this regard – Power of Supreme Court under Article 136 is always there – However, State cannot enact a legislation providing an appeal directly to Supreme Court – That would amount to entrenching upon jurisdiction of Union which State Legislature does not have – Section 13(2) of Act, in so far as it provides appeal directly to Supreme Court, is totally illegal, ultra vires Constitution and beyond scope of powers of State Legislature – Section 13(2) of Act struck down – High Court can exercise its supervisory jurisdiction under Article 227 of Constitution against orders of Rent Control Tribunal – Appellant can approach High Court for redressal of his grievance under Article 227 of Constitution. (Paras 11, 12, 14, 16 and 17)
Facts of the case:
Whether State Legislature can enact a law providing an appeal directly to Supreme Court of India?” is the question arising in this appeal. State of Chhattisgarh enacted Chhattisgarh Rent Control Act, 2011. Section 13 of the Act shows that from any order of Rent Controller an appeal lies to the Rent Control Tribunal and in terms of Section 13(2), an appeal lies as a matter of right to Supreme Court.
Findings of Court:
Section 13(2) of the Act, in so far as it provides an appeal directly to Supreme Court, is totally illegal, ultra vires the Constitution and beyond the scope of the powers of the State Legislature. Section 13(2) of the Act is accordingly struck down.
Result : Appeal dismissed.
JUDGMENT
Deepak Gupta, J.
“Whether the State Legislature can enact a law providing an appeal directly to the Supreme Court of India?” is the question arising in this appeal.
2. The State of Chhattisgarh enacted the Chhattisgarh Rent Control Act, 2011 (hereinafter referred to as ‘the Act’). Under this Act, in the hierarchy of adjudicating authorities there is a Rent Controller and above that, a Rent Control Tribunal. In terms of Section 7 of the Act the State can appoint one or more officers not below the rank of Deputy Collector, as Rent Controller with territorial jurisdiction to be specified by the Collector. The Rent Control Tribunal (hereinafter referred to as ‘the Tribunal’) is constituted under Section 6 of the Act. This Tribunal has appellate and supervisory jurisdiction. Section 6 of the Act reads as under:
“6. Constitution of the Rent Control Tribunal.–
(1) The State Government shall by notification constitute, within thirty days of this Act, a Tribunal in terms of Article 323B of the Constitution, to be called as Chhattisgarh Rent Control Tribunal, to give effect to the provisions of this Act, and for the adjudication or trial of any disputes, complaints, or offences with respect to rent, its regulation and control and tenancy issues including the rights, title and obligations of landlords and tenants.
Explanation. Matters relating to transfer of property and/or disputes regarding title over any property shall continue to be considered under relevant laws by the courts of law.
(2) The State Government in consultation with the High Court shall appoint the Chairman of the Rent Control Tribunal, a retired Judge of the High Court or serving or retired District Judge not below the rank of Super Time Scale.
(3) The Tribunal shall have such members with such qualification, as the State Government may prescribe.
(4) The State Government shall appoint an officer as the Registrar of the Tribunal, who shall not be below the cadre of Civil Judge ClassI or the rank of Deputy Secretary to the State Government.
(5) From the date, the Tribunal becomes functional, which date shall be published in the State Gazette, the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article 136 and High Court under Articles 226 and 227 of the Constitution, shall stand excluded in respect of all matters falling within the jurisdiction of the Tribunal:
Provided, however, that all cases pending before any court or authority immediately before the establishment of the Tribunal, shall continue to be processed under the old Act, as amended from time to time.
(6) The Tribunal shall have its headquarters at Raipur and the State Government may, by notification, fix such other places for hearing of matters by the Tribunal, as it deems fit.
(7) The terms and conditions of the service of the Chairman and members of the Tribunal shall be such as may be prescribed by the State Government.”
3. Section 13 of the Act provides for an appeal against orders of the Rent Controller and the Tribunal. It reads thus:
“13. Appeal.(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.”
4. A bare perusal of Section 13 shows that from any order of the Rent Controller an appeal lies to the Rent Control Tribunal and in terms of Section 13(2), an appeal lies as a matter of right to the Supreme Court.
5. When the present appeal, filed under Section 13(2) of the Act, came up for admission, while issuing notice we had also ordered as follows:
“xxx xxx xxx
Notice be given to the learned Advocate General of the State of Chhattisgarh and the learned Attorney General for India as to whether the provisions contained in Section 13(2) of the Chhattisgarh Rent Control Act, 2011 providing
