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september 2008

Supreme Court of India · 2008-09-01

State Of Maharashtra vs Bharat Shanti Lal Shah & Ors

Citation / case number
2008 AIR SCW 6431
Court
Supreme Court of India
Petitioner
State Of Maharashtra
Respondent
Bharat Shanti Lal Shah & Ors
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, R.V. Raveendran, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court examined the constitutional validity of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), particularly Sections 2(d), (e), (f), 3, 4, and 21(5). The Court upheld the validity of Sections 2(d), (e), (f), 3, and 4, but struck down Sections 13 to 16 and Section 21(5) as unconstitutional, ruling that these provisions exceeded the legislative competence of the State Legislature under Entry 31 of List I of the Seventh Schedule. The Court concluded that the Parliament alone has the authority to legislate on matters concerning organized crime, thereby affirming the Bombay High Court's decision in part and reversing it in part.

State Of Maharashtra vs Bharat Shanti Lal Shah & Ors · Niyam