Skip to content

Advocatetanmoy Law Library

Encyclopedia & Legal Research

Afghanistan Albania Algeria Andorra Angola Antigua & Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bosnia & Herzegovina Botswana Brazil British V. Islands Brunei Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Carrib. Netherlands Cayman Island Chile China Colombia Congo DRC Congo Republic Costa Rica Cote d’Ivoire Croatia Cuba Curaçao Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El alvador Estonia Ethiopia Fiji Finland France French Polyn Gabon Georgia Germany Ghana Gibraltar Greece Grenada Guadeloupe Guam Guatemala Guernsey Guinea-Bissau Guyana Haiti Honduras Hong Kong Hungary Iceland India Indonesia Iran ​Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Liberia Libya Liechtenstein Lithuania Luxembourg Macao Madagascar Malawi Malaysia Maldives Mali Malta Martinique Mauritius Mexico Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar/Burma Namibia Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria North Macedonia Northern Mariana Islands Norway Oman Pakistan Palestine Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Puerto Rico Qatar Réunion Romania Russia Rwanda Saint Lucia St Vincent & Grenadines Samoa Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Somalia South Africa South Korea Spain Sri Lanka St. Kitts & Nevis Sudan Suriname Swaziland Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Togo Trinidad & Tobago Tunisia Turkey Turkmenistan UAE U.S. Virgin Islands Uganda Ukraine UK United States Uruguay Uzbekistan Vatican City Venezuela Vietnam Yemen Zambia

  • Home
    • SITE UPDATES
  • Constitutions
  • Dictionary
  • Law Exam
  • Pleading
  • Index
  • Notifications
  • Indian Law
  • Articles
  • Forum
  • Home
  • 2018
  • February
  • 16
  • The Animal Welfare Board of India & Ors. Vs. Union of India & Ors.[SC 2018 FEBRUARY]
  • CIVIL

The Animal Welfare Board of India & Ors. Vs. Union of India & Ors.[SC 2018 FEBRUARY]

3 min read

© Advocatetanmoy Law Library

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • More
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Skype (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
image_printPrint

KEYWORDS:- MATTER REFERRED TO THE CONSTITUTIONAL BENCH- pith and substance-

c

DATE:- February 2, 2018

ACT:- The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017

The Animal Welfare Board of India & Ors. Vs. Union of India & Ors.

[Writ Petition (Civil) No. 23 of 2016]

R.F. NARIMAN, J.

1. The present batch of writ petitions was originally filed to quash and set aside a notification issued by the Union of India on 7th January, 2016, and to direct the Respondents to ensure compliance with this Court’s judgment reported as Animal Welfare Board of India v. A. Nagaraja and Ors. (2014) 7 SCC 547.

2. However, while these writ petitions were pending, The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, which received the Presidential assent on 31st January, 2017, was passed. The writ petitions were then amended so as to include prayers to set aside the aforesaid Tamil Nadu Amendment Act on several grounds.

3. After hearing the Petitioners and the Respondents for some time, we are of the view that these writ petitions need to be authoritatively decided by a Constitution Bench of 5 learned Judges, as the writ petitions involve substantial questions relating to the interpretation of the Constitution of India. The questions, which require reference to a Bench of 5 learned Judges, apart from the other questions raised in the writ petitions, are set out hereinbelow:

i. Is the Tamil Nadu Amendment Act referable, in pith and substance, to Entry 17, List III of the Seventh Schedule to the Constitution of India, or does it further and perpetuate cruelty to animals; and can it, therefore, be said to be a measure of prevention of cruelty to animals? Is it colourable legislation which does not relate to any Entry in the State List or Entry 17 of the Concurrent List?

ii. The Tamil Nadu Amendment Act states that it is to preserve the cultural heritage of the State of Tamil Nadu. Can the impugned Tamil Nadu Amendment Act be stated to be part of the cultural heritage of 4 the people of the State of Tamil Nadu so as to receive the protection of Article 29 of the Constitution of India?

iii. Is the Tamil Nadu Amendment Act, in pith and substance, to ensure the survival and well-being of the native breed of bulls? Is the Act, in pith and substance, relatable to Article 48 of the Constitution of India?

iv. Does the Tamil Nadu Amendment Act go contrary to Articles 51A(g) and 51A(h), and could it be said, therefore, to be unreasonable and violative of Articles 14 and 21 of the Constitution of India?

v. Is the impugned Tamil Nadu Amendment Act directly contrary to the judgment in A. Nagaraja (supra), and the review judgment dated 16th November, 2016 in the aforesaid case, and whether the defects pointed out in the aforesaid two judgments could be said to have been overcome by the Tamil Nadu Legislature by enacting the impugned Tamil Nadu Amendment Act?

4. Let the papers be placed before the learned Chief Justice to constitute a Bench of Hon’ble Judges.

CJI. (Dipak Misra)

J. (R.F. Nariman)

New Delhi;

February 2, 2018.



WITH 

[Writ Petition (Civil) No. 24 of 2016] [Writ Petition (Civil) No. 25 of 2016] [Writ Petition (Civil) No. 26 of 2016] [Writ Petition (Civil) No. 27 of 2016] [Writ Petition (Civil) No. 88 of 2016] [Writ Petition (Civil) No. 1059 of 2017] [Writ Petition (Civil) No. 1011 of 2017] [Special Leave Petition (Civil) No. 3528 of 2018 (Diary No. 37267/17)] [Special Leave Petition (Civil) Nos.3526-3527 of 2018 (Diary No. 39253/17)] [Writ Petition (Civil) No. 1188 of 2017] [Writ Petition (Civil) No. 1193 of 2017]

image_printPrint

Related

Tags: ANIMAL Challenging a legislation Constitutional law Writ

Continue Reading

Previous: Global Encyclopedia of Divorce Law
Next: Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors[SC 2018 February]

Updates

U.S strategy towards sub-saharan Africa-08/08/2022 USA 1

U.S strategy towards sub-saharan Africa-08/08/2022

Epistle of Epicurus to Herodotus (260BCE) 2

Epistle of Epicurus to Herodotus (260BCE)

Will of Epicurus (270 BCE) 3

Will of Epicurus (270 BCE)

Epicurus and his 40 Doctrines (300 BCE) 4

Epicurus and his 40 Doctrines (300 BCE)

Legal and Social Doctrines legal article 5

Legal and Social Doctrines

National Hydrogen Mission in 2021 to develop Hydrogen as a fuel for transportation Home-ministry 6

National Hydrogen Mission in 2021 to develop Hydrogen as a fuel for transportation

Indian DIKSHA platform for providing quality e-content for school education in States/UTs Government of india 7

Indian DIKSHA platform for providing quality e-content for school education in States/UTs

CONSTITUTION IPC CRPC CPC EVIDENCE DV POCSO IT IP TP JUVENILE CONTRACT SPECIFIC RELIEF CONSUMER ARBITRATION COMPANY LIMITATION FAMILY LAWS POLLUTION CONTROL BANKING INSURANCE

DOCUMENTS GLOSSARIES JUDGMENTS

  • E-Books 2022  More Documents

Search Google

  • BIBLIOGRAPHY
  • HISTORY
  • PHILOSOPHY
  • RELIGION
  • HINDU LAW
  • HUMAN RIGHTS
  • ENVIRONMENT
  • MEDICAL
  • MUSLIM LAW
  • Contact Us
  • About
  • Disclaimers
  • RSS
  • Privacy Policy
  • Forum
© Advocatetanmoy by Law library.
 

Loading Comments...
 

You must be logged in to post a comment.