VidhiSangh

Supreme Court of India · 26/07/2017

BIMOLANGSHU ROY (DEAD) THROUGH LRS versus STATE OF ASSAM & ANOTHER

[2017] 13 S.C.R. 301 · 2017 INSC 670

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Summary

The Assam Parliamentary Secretaries Act, 2004 was declared unconstitutional for want of legislative competence. Article 194(3) and State List Entry 39 concern legislators’ powers, privileges and immunities in that capacity; they did not authorise creation of the impugned offices. The Court did not decide the separate ministerial-ceiling and basic-structure challenges.

Issues

  1. Whether Article 194(3) and Entry 39 authorised Assam to create Parliamentary Secretary offices by the impugned Act.

Provisions considered

Held

Result

Writ petition allowed; Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 declared unconstitutional for lack of legislative competence.

Judgment PDF: Supreme Court of India, [2017] 13 S.C.R. 301.