Summary
An appeal from the Chhattisgarh Rent Control Tribunal raised the State Legislature’s competence to confer a direct appeal to the Supreme Court. The Court struck down the statutory direct-appeal provision as beyond State legislative power and dismissed the appeal as not maintainable, preserving recourse to the High Court’s supervisory jurisdiction. It did not decide the underlying rent dispute.
Issues
- Whether the State Legislature could confer an appeal as of right to the Supreme Court from its Rent Control Tribunal.
Provisions considered
- Section 13(2), Chhattisgarh Rent Control Act, 2011The direct statutory appeal to the Supreme Court was struck down for want of State legislative competence. (¶¶ 3, 4, 10, 11, 12, 14, 17)
- Seventh Schedule: List I entry 77; List II entry 65; List III entry 46, Constitution of IndiaThe entries reserved legislation concerning Supreme Court jurisdiction and powers to Parliament. (¶¶ 10, 11, 12)
Held
- Supreme Court jurisdiction and powers fall within Union List entry 77. The State and Concurrent List jurisdiction entries expressly exclude the Supreme Court; State power to constitute the rent tribunal did not authorise a direct appeal as of right to this Court. (¶¶ 7, 8, 10, 11, 12, 14)
- The Rent Control Tribunal remained subject to High Court writ and supervisory jurisdiction under the principles in L. Chandra Kumar. The Supreme Court’s constitutional special-leave power was unaffected. (¶¶ 12, 15, 16, 17)
Result
Section 13(2) was struck down insofar as it provided a direct appeal to the Supreme Court, and the appeal was dismissed as not maintainable. The appellant could approach the High Court under Article 227 for lawful determination of his grievance. Pending applications were disposed of.