Summary
In this February 2018 order, the Supreme Court referred challenges to the Tamil Nadu animal-cruelty amendment to a five-judge Constitution Bench. The petitions raised substantial constitutional questions concerning legislative competence, cultural heritage, protection of native bulls, fundamental duties and rights, and whether the amendment overcame the defects identified in A. Nagaraja. The reference framed questions for authoritative decision; it did not decide the amendment’s validity.
Issues
- Whether challenges to the Tamil Nadu 2017 amendment involved substantial constitutional questions requiring a five-judge Bench.
Held
- The petitions initially challenged the Union’s 7 January 2016 notification and sought enforcement of A. Nagaraja. They were amended after the Tamil Nadu 2017 Act received Presidential assent to challenge that legislation as well. (¶¶ 1, 2)
- The Court referred questions about the amendment’s pith and substance, Entry 17 of List III and colourable legislation; Article 29 cultural protection; Article 48 and native breeds; consistency with Articles 51A(g), 51A(h), 14 and 21; and whether legislative changes overcame the defects identified in A. Nagaraja and its review. These were questions, not concluded holdings on validity. (¶ 3)
- Because substantial constitutional interpretation was involved, papers were to go before the Chief Justice for constitution of a five-judge Bench. Other questions raised in the petitions were not excluded by the enumerated reference. (¶¶ 3, 4)
Result
Papers directed to the Chief Justice for constitution of a five-judge Bench. Constitutional validity and the framed merits questions remained undecided in this reference order.