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september 2008

Supreme Court of India · 2008-09-01

STATE OF MAHARASHTRA vs BHARAT SHANTI LAL SHAH .

Citation / case number
SC 2003/26549
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
BHARAT SHANTI LAL SHAH .
Author
Mukundakam Sharma
Bench
K.G. BALAKRISHNAN,R.V. RAVEENDRAN,MUKUNDAKAM SHARMA, ,

Judgment text excerpt

The Supreme Court examined the constitutional validity of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), specifically Sections 2(d), (e), (f), 3, 4, 13 to 16, 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 they exceeded the legislative competence of the State Legislature under Entry 31 of List I of the Seventh Schedule, and violated Article 14 of the Constitution. The Court affirmed the Bombay High Court's decision, thereby reinforcing the principle that only Parliament can legislate on matters covered by the Indian Telegraph Act, 1885.

STATE OF MAHARASHTRA vs BHARAT SHANTI LAL SHAH . · Niyam