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december 1962

Supreme Court of India · 1962-12-21

STATE OF WEST BENGAL vs UNION OF INDIA

Citation / case number
SC 1961/250
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
UNION OF INDIA
Bench
SINHA, BHUVNESHWAR P.(CJ)

Judgment text excerpt

The Supreme Court held that the Coal Bearing Areas (Acquisition and Development) Act, 1957, applies to coal bearing areas owned by the State, affirming Parliament's legislative competence under Entry 42 of List III of the Seventh Schedule of the Constitution. The Court ruled that the Act is not ultra vires Parliament's powers, emphasizing that the Constitution is not truly federal and that the Union has the authority to legislate on state property for national interests. The dissenting opinion by Subba Rao J. was noted, but the majority upheld the validity of the Act.

STATE OF WEST BENGAL vs UNION OF INDIA · Niyam