Supreme Court of India · 2011-01-11
M/S. Girnar Traders vs State Of Maharashtra & Ors
- Citation / case number
- AIRONLINE 2011 SC 643
- Court
- Supreme Court of India
- Petitioner
- M/S. Girnar Traders
- Respondent
- State Of Maharashtra & Ors
- Author
- Swatanter Kumar
- Bench
- Anil R. Dave, Swatanter Kumar, K.S. Panicker Radhakrishnan, Mukundakam Sharma, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the distribution of legislative powers between the Centre and the States under Article 246 of the Constitution of India, emphasizing the importance of legislative lists in determining constitutionality. The Court reiterated the principle of 'legislation by incorporation' as established in Secretary of State for India in Council v. Hindusthan Co-operative Insurance Society Ltd. [AIR 1931 PC 149], while acknowledging criticisms regarding its application. The judgment highlighted the need for clarity in the interpretative process to ensure effective functioning of laws without legislative abdication.