1989 (4) TMI 319 - SC - Indian Laws

Summary

Issues Involved:

1. Validity of Section 87 of the Punjab Reorganisation Act.
2. Interpretation and Scope of Section 87.
3. Impact of the 1985 Act's Extension to Chandigarh.

Summary of the Judgment:

1. Validity of Section 87 of the Punjab Reorganisation Act:

The petitioners challenged the constitutional validity of Section 87 of the Punjab Reorganisation Act, arguing that it amounted to excessive delegation of legislative power to the executive, thus violating the doctrine of separation of powers. The court, however, upheld the validity of Section 87, referencing the precedent set by the Delhi Laws Act case, which permitted the delegation of legislative power to the extent of extending laws from other states to a Union Territory. The court emphasized that Section 87 did not constitute an abdication of legislative power but rather a permissible delegation to address the legislative needs of a newly formed Union Territory like Chandigarh.

2. Interpretation and Scope of Section 87:

The petitioners contended that Section 87 should be interpreted to allow the extension of laws to Chandigarh only in the absence of existing laws on the subject within the Union Territory. They argued that once Parliament legislated on a subject, further extension of state laws by executive notification was impermissible. The court rejected this narrow interpretation, holding that Section 87 allowed for the extension of laws to fill legislative gaps, even if Parliament had previously legislated on the subject. The court clarified that the extension of laws under Section 87 was valid as long as it did not conflict with or repeal existing Parliamentary laws.

3. Impact of the 1985 Act's Extension to Chandigarh:

The petitioners argued that the extension of the 1985 Act to Chandigarh by executive notification effectively amended an existing Parliamentary law (the 1974 Act) and was, therefore, invalid. The court disagreed, stating that the 1985 Act's provisions complemented rather than conflicted with the 1974 Act. The court emphasized that the extension of the 1985 Act was intended to fill legislative gaps and did not amount to a repeal or amendment of the 1974 Act. The court concluded that the notification extending the 1985 Act to Chandigarh was valid and within the scope of Section 87.

Conclusion:

The Supreme Court upheld the validity of Section 87 of the Punjab Reorganisation Act and dismissed the petitions and appeals challenging the extension of the 1985 Act to Chandigarh. The court ruled that the executive notification under Section 87 was a permissible exercise of delegated legislative power and did not conflict with existing Parliamentary laws.