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L. NAGESWARA RAO, B. R. GAVAI
Secretary to Govt. of Kerala, Irrigation Department – Appellant
Versus
James Varghese – Respondent
| Table of Content |
|---|
| 1. legislative competence of state legislature (Para 1 , 2 , 3) |
| 2. provisions of the state act (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. high court's decision on the state act (Para 11 , 12 , 13) |
| 4. arguments on behalf of appellants (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. arguments on behalf of respondents (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 6. interpretation of legislative competence (Para 57 , 58 , 59 , 60 , 61) |
| 7. conclusion on separation of powers (Para 86 , 127) |
JUDGMENT
1. Two important questions of law, with regard to the legislative competence of the Kerala State Legislature to enact the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (hereinafter referred to as the “State Act”) and as to whether the State Act encroaches upon the judicial power of the State, are involved in the present appeals.
2. The High Court of Kerala at Ernakulam, by the impugned judgment dated 9th July 2013 delivered in O.P. No.4206 of 1998 and companion matters, has held the State Act to be beyond the legislative competence of the Kerala State Legislature and as such, held the same to be unconstitutional. The High Court has also held that the State Act had an effect of
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