VidhiSangh

Supreme Court of India · 26/04/2018

G H CHAMPA LAL versus STATE OF RAJASTHAN AND ORS.

[2018] 5 S.C.R. 628 · 2018 INSC 422

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Summary

The Supreme Court held unconstitutional the initial notification upgrading Napasar Gram Panchayat into a municipality because Rajasthan had not first issued a notification satisfying Article 243Q(2). Municipal classification required uniform State-wide parameters taking account of the constitutionally specified factors; population-only statutory notifications did not suffice. The constitutional flaw affected the subsequent State actions and rendered the challenged High Court judgments per incuriam. Unsupported fears that industries might relocate did not justify preserving the defective exercise.

Issues

  1. Whether municipal upgradation was valid without a notification satisfying Article 243Q(2).
  2. Whether population-only classifications fulfilled the constitutional requirements.
  3. Whether the Court could examine the controlling constitutional defect although it had not been raised below.

Provisions considered

Held

Result

Appeals disposed of accordingly. Initial notification dated 6 October 2008 held unconstitutional; subsequent State actions suffered the same foundational flaw and the impugned High Court judgments were held per incuriam.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 628.