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july 2024

Supreme Court of India · 2024-07-10

The State Of West Bengal vs Union Of India

Citation / case number
2024 INSC 502
Court
Supreme Court of India
Petitioner
The State Of West Bengal
Respondent
Union Of India
Author
B.R. Gavai
Bench
B.R. Gavai

Judgment text excerpt

The Supreme Court ruled that the registration of cases by the Union of India after the State of West Bengal's withdrawal of consent under Section 6 of the DSPE Act is unconstitutional and non-est. The Court held that such actions violate the principles of federalism and the basic structure of the Constitution, particularly under Article 131. The judgment affirmed the State's authority to withdraw consent, thereby restraining the Union from proceeding with investigations in the State without such consent.

The State Of West Bengal vs Union Of India · Niyam