K SRIDHAR KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the Petitioner seeks for issuance of a Writ of Declaration declaring the provisions of Tamil Nadu Legislative Council Act, 2010 (Central Act 16/2010) as unconstitutional and void ab-initio.

(2.) It appears that the Legislative Assembly of Tamil Nadu passed a resolution for creation of a Legislative Council on 12th April, 2010 and the said resolution was passed by two-thirds majority as required under Article 169(1) of the Constitution of India. The Council of States on 5th May, 2010 passed the Tamil Nadu Legislative Bill, 2010, which was passed by the Lok Sabha and got the Presidential Assent on 18th May, 2010. Thereafter, it was published in the Indian Gazette Extra-Ordinary on the same day i.e., 18th May, 2010 and was republished by the Order of the Governor of Tamil Nadu on 20th May, 2010.

(3.) The Petitioner's case is that the impugned Act suffers from inherent illegality inasmuch as the Act is not in consonance with the provisions laid down in Articles 168 and 169 of the Constitution of India for establishment and creations of Legislative Council. Learned Counsel appearing for the Petitioner submitted that the impugned Act does not contain the provision for amendment of the Constitution as mandated by Article 169(2) of the Constitution of India, as also for provisions supplemental and incidental to the creation of such a Council. According to the learned Counsel, in the absence of corresponding amendments to be carried out in the Parent Statutes, namely, the Representation of People Act, 1950 and the Representation of People Act, 1951, even though Sections 3(1) and 4 of the Tamil Nadu Legislative Council Act, 2010 specifically provide for the same, the Impugned Act is null and void.