Supreme Court of India · 2004-03-25
Special Reference No. I Of 2001 vs Under Article 143(1) Of Constitution Of ...
- Court
- Supreme Court of India
- Petitioner
- Special Reference No. I Of 2001
- Respondent
- Under Article 143(1) Of Constitution Of ...
- Bench
- S. Rajendra Babu, K.G. Balakrishnan, P. Venkatarama Reddi, B.N.Srikrishna, G.P. Mathur
Judgment text excerpt
The Supreme Court, in a reference under Article 143(1), examined the legislative competence of the Gujarat State legislature to enact the Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001. The Court held that the State's power to legislate on gas under Entry 25 of List II is subject to the Parliament's exclusive powers under Entry 53 of List I, as established by Article 246 of the Constitution. Consequently, the Gujarat Act was found to be unconstitutional as it encroached upon the Parliament's legislative domain regarding petroleum and gas regulation.