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Constitutional · Reportable judgment

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

Court
Supreme Court of India
Date
2 February 2018
Case No.
Writ Petition (Civil) No. 23 of 2016
Bench
Dipak Misra, R.F. Nariman
Citation
[2018] 1 S.C.R. 407 : 2018 INSC 89
Supreme Court Reports [2018] 1 S.C.R. 407 : 2018 INSC 89
Headnote

Reference to larger Bench – Writ petitions filed to quash and set aside a notification dated 7th January, 2016 issued by Union of India and to direct the Respondents to ensure compliance with order passed by Supreme Court in A. Nagaraja case – While the writ petitions were pending, the 2017 Act was passed – Writ petitions amended to include prayers to set aside the said Act – Held: Writ petitions involve substantial questions relating to interpretation of the Constitution of India and thus, need to be authoritatively decided by a Constitution Bench of 5 Judges – Papers be placed before the Hon’ble Chief Justice of India to constitute a Bench of 5 Hon’ble Judges – Constitution of India – VIIth Schedule, List III, Entry 17 and Arts. 14, 21, 29, 48, 51A(g)(h) – The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 – Doctrine of pith and substance.

Animal Welfare Board of India v. A. Nagaraja and Ors. (2014) 7 SCC 547 : [2014] 6 SCR 646 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by 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. INDIA [ R. F. NARIMAN, J.] 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. T
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