Cal HC | Substantial questions of law as to interpretation of Constitution of India: Validity of CBI, DSPE Act to be determined

Calcutta High Court: The Bench of Protik Prakash Banerjee, J., addressed a petition involving substantial questions of law as to the interpretation of the Constitution of India and requested the matter to be placed before Chief Justice/Acting Chief Justice.

Learned amicus curiae Mr Phiroze Edulji had stated in regard to the questions of law as to the interpretation of the Constitution of India, be referred to the Division Bench taking such cases for disposal within meaning of second proviso of Rule 1 of Chapter 2, Part II of the Appellate Side Rules or to Chief Justice/Acting Chief Justice to appoint Special Division Bench consisting of three or more Judges since a question of finality of decision of this Court would also be involved.

The substantial questions of law as to the interpretation of the Constitution that were present in the petition were as follows:

1. What is the effect of an order of the Supreme Court which stays the operation of a final order of a Division Bench of a High Court which holds that a Central Statute is not a valid piece of legislation?

2. Whether the Delhi Special Police Establishment Act, 1946 is a valid piece of legislation?

3. Whether the Central Bureau of Investigation is an organ or a part of Delhi Special Police Establishment?

4. In a Constitution having federal form with distinct feels of legislation apportioned to the federal legislature and/or the federating legislature with corresponding executive power where law and order and their maintenance are part of the power given to the federating states whether a federal police force even for investigation can be made by central legislation without following the procedure established by the Constitution of India for central legislature making laws which would be enforceable in each of the States?

5. Whether admission of special leave petition and stay of a final judgment of nature referred to above would mean that Supreme Court has declared any law by such interim order of stay?

Therefore, the High Court on noting the questions present in the case stated that the mentioned questions should be decided by the bench whose Judgment would be binding on all the Courts of the State.

Thus the matter be placed before Chief Justice/Acting Chief Justice for an appropriate order. [Chandan Biswas v. State of W.B.,  2019 SCC OnLine Cal 485, Order dated 29-03-2019]

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