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Showing contexts for: seventh schedule in Cwp No. 2916/2023 vs State Of H.P. & Ors on 5 March, 2024Matching Fragments
(i) The State lacks legislative competence/power as per Article 265 of the Constitution of India.
(ii) The legislative powers of the Union Government or the State Government have been so demarcated and specified by way of Seventh Schedule under List-I known as Union List, List-II known as State List, List-III known as Concurrent List. Thus, the State Government has legislative powers under Article 265 of Constitution of India to levy any cess only if the same finds mention in List-II. However, none of entries under List-II or the State List empowers the State Government to levy cess/tax on water usage for the purpose of generation of .
compliance of the provisions of Article 288 of Constitution of India.
(v) The State Government by way of provisions of the Act has vested with itself non-consumptive usage of water of inter-state rivers, which amounts to encroaching upon the legislative powers of the Union Government, as under List-I of the Seventh Schedule by way of entry No.56, it is only the .
No. 84 and 97 of List-I of Seventh Schedule. This colourable exercise of power by the State is unconstitutional.
(x) The impugned Act is also bad in law as it is violative of Article 300A of Constitution of India.
(xi) The impugned Act is also hit by Article 288 of Constitution of India as it was not reserved for the consideration of the Hon'ble President and Presidential ascent has not been obtained before enforcing the impugned Act.
(xii) Since, majority of the rivers and their tributaries, over which the Hydro Power Projects have been constructed, are inter-State, therefore, they are covered by entry 56 of list-I of Seventh Schedule of the Constitution. Thus, the State Govt. is not competent to make any law regarding inter-State rivers.
(xiii) The impugned Act is repugnant to Section 62 read with section 79 of Electricity Act, 2003 as the said Central Act of 2003 provides for the fixation of tariff for electricity is to be vested with the Central Electricity Regulatory Commission.