Rapid Fire
SC Upholds Legislative Authority of State
- 05 Jul 2025
- 3 min read
The Supreme Court ruling in the Nandini Sundar vs. State of Chhattisgarh 2012 case sheds light on the role of state legislatures in passing laws and their relationship with judicial orders in India’s democratic framework.
Nandini Sundar vs. State of Chhattisgarh Case, 2012
- Background: In 2011, the Supreme Court directed the Chhattisgarh government to cease the use of Special Police Officers (SPOs) in anti-Maoist operations, citing their inadequate training and violations of Articles 14 and 21 of the Constitution.
- In response, the state enacted the Chhattisgarh Auxiliary Armed Police Forces Act, enabling the formation of an auxiliary force resembling the earlier Salwa Judum and Koya Commandos.
- The petitioners filed a contempt plea, alleging that this new law contravened the spirit of the 2011 judgment.
- Supreme Court Ruling: The Supreme Court rejected the contempt plea, noting that Chhattisgarh had complied with its 2011 directions and submitted requisite reports. It held that a state legislature has the authority to enact laws, as long as they are not unconstitutional or ultra vires.
- Reaffirming the doctrine of separation of powers, the Court clarified that legislative actions can only be challenged on grounds of constitutional validity or legislative competence.
- It emphasized that a legislature may enact new laws, remove the basis of a judgment, or validate laws struck down, all within its constitutional domain.
- Similar Judicial Pronouncements: SC in Indian Aluminium Co. vs. State of Kerala (1996), upheld the legislature’s power to amend laws or enact retrospective legislation to remove the basis of a judgment, without directly overruling it.
Salwa Judum & Koya Commandos
- Salwa Judum is a state-backed anti-Maoist movement launched in 2005 in Chhattisgarh, involving the mobilization of tribal youth to counter Maoist insurgents.
- Koya Commandos were tribal youths, primarily from the Koya tribe, recruited as Special Police Officers (SPOs) in Chhattisgarh under the Salwa Judum movement to aid in anti-Naxalite operations.
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