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TMI Blog2019 (12) TMI 1674X X X X Extracts X X X X X X X X Extracts X X X X ..... ntained 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. 3. By an order dated 18.4.2016, a Bench of this Court expressed serious doubts about the maintainability of the appeal, observing that the State of Chhattisgarh prima facie lacked legislative competence to enact law providing for statutory appeals directly to the Supreme Court, from the orders of a Tribunal. Notice was, accordingly, directed to be issued to the Attorney General for India and the Advocate General for the State of Chhattisgarh. 4. On 19.4.2017, another Bench of this Court heard amongst others, the Advocate General for the State of Chhattisgarh. The Advocate General, inter alia, argued that the Rent Control Act having received the assent of the President of India, Section 13(2) thereof was protected by Article 138(2) read with Article 200 of the Constitution of India and was valid and enforceable. 5. After hearing Counsel and the learned Advocate General for the State of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of India, whether in a civil, criminal or other proceeding, if the High Court certifies Under Article 134A that the case involves a substantial question of law as to the interpretation of this Constitution. (2) ....... omitted w.e.f. 1.8.1979 (3) Where such a certificate is given, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided. Explanation.-For the purpose of this article, the expression "final order" includes an order deciding an issue which, if decided in favour of the Appellant, would be sufficient for the final disposal of the case. 133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.- (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India if the High Court certifies Under Article 134A (a) that the case involves a substantial question of law of general importance; and (b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court. (2) Notwithstanding anything in Article 132, any party appealing to the Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of Article 133 or Article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law. 136. Special leave to appeal by the Supreme Court.- (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in Clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces. 137. Review of judgments or orders by the Supreme Court.- Subject to the provisions of any law made by Parliament or any Rules made Under Article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it. 138. Enlargement of the jurisdiction of the Supreme Court.- (1) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll courts within the territory of India. 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. 143. Power of President to consult Supreme Court.- (1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as it mentioned in the first proviso to Article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. xxx xxx xxx 245. Extent of laws made by Parliament and by the Legislatures of States.- (1) Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra territorial operation. 246. Subject-matter of laws made by Parli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provides- (a) all proceedings in the Supreme Court and in every High Court, (b) the authoritative texts- (i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State, (ii) of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and (iii) of all orders, rules, Regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language. (2) Notwithstanding anything in Sub-clause (a) of Clause (1), the Governor of a State may, with the previous consent of the President, authorise the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State: Provided that nothing in this Clause shall apply to any judgment, decree or order passed or made by such High Court. 8. Learned Counsel appearing on behalf of the Appellant submitted that the Rent Control Act has been enacted by the Chhattisgarh State Legislature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court, as to endanger the position which the High Court is by the Constitution, designed to fill, the Governor is not to assent to the bill, but reserve the same for the consideration of the President. 16. Counsel submitted that a law which curtails powers of the High Court may be validated by Presidential assent. The State Legislature can restrict the appellate power of the High Court by providing for direct appeals to the Supreme Court. 17. Counsel argued that a comparative reading of Articles 138(2) and Article 200 show that the State can make a law conferring appellate jurisdiction on the Supreme Court in the following two conditions: (i) When Government of India and Government of any State agree to confer jurisdiction and power on the Supreme Court [Article 138(2)]; (ii) When the President assents to the Bill forwarded by the Governor of the State [second proviso to Article 200] 18. Learned Counsel submitted that in this case, the conditions of Article 138(2) and the Second proviso to Article 200 have both been complied with. The President has, on reference by the Governor, assented to the Bill, which has resulted in a new enactment. 19. Learned Counsel argued that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of any inconsistency between the provisions of the Constitution and the provisions of any statutory enactment, the various articles of the Constitution and the various provisions of the statutory enactments should be harmoniously construed. 24. Elaborating on his argument, Counsel pointed out that the expression "derogate from the powers of the High Court as to endanger the position which that Court by this Constitution, is designed to fill" in the last part of the second proviso to Article 200 alludes to derogation of the inherent powers of the High Court Under Articles 226 and Article 227 of the Constitution of India. The Rent Control Act does not touch the power of the High Courts, of judicial review Under Articles 226 and 227 of the Constitution of India. Section 13(2) of the Rent Control Act only confers appellate jurisdiction on the Supreme Court of India, which is not prohibited or barred under the Constitution. 25. Counsel emphatically reiterated his argument that the Rent Control Act has not conferred any jurisdiction on the Supreme Court, which it did not earlier possess. Article 136 provides for appeal to the Supreme Court against any order of any Court or Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stribution of legislative powers between Parliament and the State Legislatures is governed by Chapter I of Part XI of the Constitution, including Articles 246 and 248, along with the three Lists contained in the Seventh Schedule to the Constitution. Any question of legislative competence would have to be decided finally by this Court, in accordance with these provisions of the Constitution. 32. The learned Attorney General referred to the decision of this Court in K.K. Poonacha v. State of Karnataka and Ors. reported in (2010) 9 SCC 671, which interprets, inter alia, Article 31(3) of the Constitution, as it stood prior to its repeal. Article 31 pertained to the compulsory acquisition of property, and Clause (3) thereof stated that "No such law as stated in Clause (2) made by the Legislature of a State shall have effect unless such law, having been reserved for the consideration of the President, has received his assent". In K.K. Poonacha (supra), this Court opined: What was implicit in the language of Article 31(3) was that the particular law was within the legislative competence of the State and such law did not violate the provisions contained in Part III or any other provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Constitution of India. 37. Article 246, which distributes legislative powers between the Union Legislature and the State Legislature, confers exclusive power to Parliament to make laws in respect of the matters specified in List I in the Seventh Schedule, that is, the Union List. The Union Parliament also has, subject to Clause (3) of Article 246, the power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule, that is, the Concurrent List. 38. While Parliament has exclusive power Under Article 246(1) of the Constitution to make laws with respect to the matters enumerated in the Union List, the State Legislature has exclusive power to make laws with respect to matters enumerated in the State List, subject to Clauses (1) and (2) of Article 246. Along with the Union Legislature, the State Legislature is also competent to enact laws in respect of the matters enumerated in the Concurrent List, subject to the provisions of Article 246(1). 39. The entries in the three lists, relevant to the issues referred to this Bench, that is, Entry 77 of the Union List, Entries 18 and 65 of the State List and Entry 46 of the Concurrent List are set out her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Forty Second Amendment) Act 1976 empowers the appropriate legislature to enact law providing for adjudication and/or trial by Tribunals, of any disputes, offences or complaints with respect to all or any of the matters in Clause (2) of the said Article. 44. Clause (2) of Article 323B was amended by the Constitution (Seventy fifth Amendment) Act, with effect from 15th May, 1994 to inter alia insert Clause (h), thereby enabling the appropriate legislature to make law, providing for adjudication or trial by Tribunals of any disputes, complaints or offences, in respect of issues relating to tenancy and rent, including Regulation and control of rent. 45. The Explanation appended to Section (sic) Article 323B of the Constitution explains "appropriate legislature" in Article 323B to mean Parliament, or as the case may be, a State Legislature, competent to make laws with respect to the matter in accordance with the provisions of Part XI of the Constitution of India, which includes Articles 245 and 246. 46. On a conjoint reading of Article 323B and Articles 245 and 246 of the Constitution of India with Entry 18 of the State List in the Seventh Schedule, there can be no doubt that the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate laws with extra-territorial operation, similar to Article 245(2) which expressly saves Union laws with extra-territorial operation, enacted by Parliament. The Chhattisgarh State Legislature, thus, patently lacks competence to enact any law which affects the jurisdiction of the Supreme Court, outside the State of Chhattisgarh. 52. Entry 18 of the State List only enables the State Legislature to legislate with regard to landlord tenant relationship, collection of rents etc. This Entry does not enable the State Legislature to circumvent Entry 64 of the State List or Entry 46 of the Concurrent List which enable the State Legislature to enact laws with respect to the jurisdiction and powers of Courts, except the Supreme Court, or to render otiose, Entry 77 of the Union List, which expressly confers law making power in respect of the jurisdiction of the Supreme Court, exclusively to Parliament. 53. Entry 18 of the State List, which only enables the State Legislature to legislate with regard to land, land tenures, landlord tenant relationship, collection of rents etc. does not enable the State Legislature to enact law conferring appellate jurisdiction to the Supreme Court in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercised when a statute gives finality to a decision of the Court or Tribunal. 60. Under Article 136 of the Constitution of India, the Supreme Court entertains appeals by special leave, where substantial questions of law or questions of public importance are involved. Where there is any uncertainty in the law, the Supreme Court, in its discretion, settles the law. The Supreme Court does not ordinarily interfere with concurrent findings of fact Under Article 136. If the concurrent findings are based on accepted oral or documentary evidence, there is no interference Under Article 136 of the Constitution. 61. While exercising power Under Article 136 of the Constitution, the Supreme Court does not re-appreciate evidence which has been appreciated by the Trial Court and the High Courts, unless extraordinary circumstances exist. It is only where the High Court has completely missed the real point requiring adjudication or has missed or ignored the relevant material, would the Supreme Court be justified in getting into evidence for the purpose of preventing grave injustice to a party. 62. An appeal, on the other hand, is a continuation of the original proceedings. Where there is a statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Governor from assenting to a Bill, which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court, as to endanger the position which the High Court is, by the Constitution of India, design to fill. The Governor is obliged to reserve such bill for the consideration of the President. 69. The second proviso to Article 200 is not attracted in the case of Section 13(2) of the Rent Control Act, since it does not derogate from any power of the High Court. It is well settled that there is no inherent right of appeal. Right of appeal is conferred by Statute. A Statute is not invalid only because it has no provision of appeal to the High Court. 70. For the purpose of this reference, it is not necessary for us to go into the question of which curtailments of the power of the High Court would threaten the position which the High Court is required by the Constitution to fill. 71. The amplitude of power conferred by Clauses 1 and 2 of Article 246, makes the Parliament competent to make a law enlarging the jurisdiction of the Supreme Court with respect to any of the matters enumerated in List I and III, even though such enlargement may not be conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding that Presidential assent would not validate a statutory provision which the legislature was incompetent to enact, we need not go into the question of whether the President had occasion to consider the repugnancy of Section 13(2) of the Rent Control Act with the provisions of the Constitution, including in particular, Entry 65 of the State List and Entry 46 of the Concurrent List, which expressly exclude from the State Legislature, the competence and/or power to enact law affecting the jurisdiction of the Supreme Court. 78. A law made Under Article 323B(1) of the Constitution may exclude the jurisdiction of all Courts except the jurisdiction of the Supreme Court Under Article 136 with respect to the matters falling within the jurisdiction of the said Tribunals. However, as observed above, Article 323B(2) (d) or any other provision of the Constitution does not enable the State Legislature to enact law which provides for statutory appeals to the Supreme Court. 79. Section 13(2) of the Rent Control Act purports to confer a right of statutory Second Appeal to the Supreme Court. Even in case of concurrent findings of the Rent Controller and Rent Control Tribunal, where no serio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, as noted by this Court in H.S Yadav (supra). 86. The power of superintendence conferred by Article 227 is, however, supervisory and not appellate. It is settled law that this power of judicial superintendence must be exercised sparingly, to keep subordinate courts and tribunals within the limits of their authority. When a Tribunal has acted within its jurisdiction, the High Court does not interfere in exercise of its extraordinary writ jurisdiction unless there is grave miscarriage of justice or flagrant violation of law. Jurisdiction Under Article 227 cannot be exercised "in the cloak of an appeal in disguise". 87. In exercise of its extraordinary power of superintendence and/or judicial review Under Article 226 and 227 of the Constitution of India, the High Courts restrict interference to cases of patent error of law which go to the root of the decision; perversity; arbitrariness and/or unreasonableness; violation of principles of natural justice, lack of jurisdiction and usurpation of powers. The High Court does not re-assess or re-analyze the evidence and/or materials on record. Whether the High Court would exercise its writ jurisdiction to test a decision of the Rent Con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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