H. ANRAJ AND OTHERS ETC. vs STATE OF MAHARASHTRA

The Supreme Court held that the Government of Maharashtra cannot ban the sale of lottery tickets from other States, as this power lies exclusively with Parliament under Entry 40 of List I and Article 246 of the Constitution. The Court clarified that lotteries organized by the Government of India or a State are not within the legislative competence of State Legislatures, as they are reserved for Parliament. The Court further stated that the executive power of the Union, as per Article 73, is subject to constitutional provisions, including Article 298, which governs State powers in trade and business.