Indian Kanoon - Search engine for Indian Law

72.2. Ms. Anand also submits that the 2020 Notification is further protected as an action under Article 256 of the Constitution; which states that "256. the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and, the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose".

72.3. The 2014 Circular constitutes exercise of directions to the State Government under Article 256 to comply with FSS Act and allied regulations, in compliance of which as mandated under the Constitution the State Government through the Chief Secretary issued the 2020 Notification. The said decisions of the Cabinet and the Chief Secretary are executive in nature, based on policy considerations and such executive power to further a central law may be exercised independently by the State at any juncture and cannot be interfered with.

72.4. The 2020 Notification issued by the Chief Secretary does not constitute independent or arbitrary exercise of power not provided for by the FSSA. On the contrary, the State Government called for a meeting of its Council of Ministers, which decided and directed the Chief Secretary to issue the impugned Notification.

72.5. She also submits that, in view of the foregoing, it is evident that the 2020 Notification is valid and protected under Section 86 of the FSSA and/or Article 256 of the Constitution. In support of her submission, she has referred to a decision of Hon‟ble Supreme Court in Swaraj Abhiyan vs. Union of India & Ors. reported in(2018) 12 SCC 170 (Para 33, 85), wherein the Hon‟ble Supreme Court has upheld the powers of the State Government to enforce Central laws by virtue of Article 256.

(iv) The Notification dated 04.07.2020 is protected under Article 256 of the Constitution of India, which mandated the State to comply with the law made by the Parliament and any existing law which apply in that State.(herein FSS Act).

(v) The Cabinet Decision dated 3 July, 2020 has not been interfered with by the learned Single Judge, though a prayer at „B‟ and „C‟ was made in the writ petition No. 128 of 2020.