'Frivolous, Absolute Abuse Of Court Process': Meghalaya HC Dismisses Plea Challenging Vires Of Rajitlal University (Repealing) Act 2023
The Meghalaya High Court recently dismissed a writ petition challenging the Rajitlal University (Repealing) Act 2023 as ultra vires the Constitution, on the ground of being "frivolous".A division bench of the Chief Justice I.P. Mukerji and Justice W. Diengdoh in its order observed:“The petitioners have no right to question the legislature on what legislation it shall enact or shall not make...
The Meghalaya High Court recently dismissed a writ petition challenging the Rajitlal University (Repealing) Act 2023 as ultra vires the Constitution, on the ground of being "frivolous".
A division bench of the Chief Justice I.P. Mukerji and Justice W. Diengdoh in its order observed:
“The petitioners have no right to question the legislature on what legislation it shall enact or shall not make or whether it would repeal a particular Act. Under the doctrine of separation of powers provided in our Constitution, Parliament and State Legislatures are the sole judge of what law they are to make. Neither can the petitioners question the truth of the assertion made in the object and reasons in support of the repealing Act.”
The Rajitlal University Act, 2011 (Act of 2020) was enacted by the Meghalaya Legislative Assembly. It received the assent of the Governor on January 31, 2020. The Assembly on September 22, 2023 repealed the Act by Rajitlal University (Repealing) Act, 2023.
The petitioners challenged the repealing Act as "ultra vires" the Constitution with a prayer for an ad interim order staying the operation of the repealing Act. The further prayer was made for a writ of mandamus issued by the Court to quash the repealing Act.
The first petitioner in the writ is RITHS Trust described who is stated to be a sponsor as defined under Act of 2011. The Sponsor described in Section 2 (xxii) thereof i.e, RITHS Trust was "given the right to establish the University" according to the provisions of the Act. The Act as such, did not found or establish it under Section 3(1).
Under Section 3(2), this sponsor was required to make an application to the State government containing a detailed proposal to set up the University. Upon satisfaction of the State government under Section 4(1), the sponsor would be called upon to create an endowment fund according to the guidelines issued by the UGC.
By Rajitlal University (Repealing) Act, 2023, the Rajitlal University Act, 2011 was repealed. It was preceded by the Rajitlal University (Repealing) Ordinance 2023.
Findings
The bench noted:
“The most extraordinary and ingenious feature of this transaction between the petitioners (RITHS Trust and others) and the government was that the latter did not enter into any contract with the petitioners for founding a University. The University was sought to be set up through legislation. The said Act did not set it up. There was a machinery provided in the Act itself for setting it up in future. As the provisions of the Act suggest, it was not born out of the said Act but would be born on fulfilment of the conditions of the Act by the writ petitioners.”
It was further observed by the Court that no contractual rights vested in the petitioners, for breach of which they could have filed an action for specific performance or damages or any other legal remedy.
“Under Article 246 of the Constitution of India, the state legislature has the power to legislate in respect of Entry 25 of List III i.e., the Concurrent List relating to “education, including technical education, medical education and universities.” In exercise of such power, the said Act was enacted and also thereafter repealed. The power to enact and to repeal is the sole prerogative of the legislature,” the Court said.
It was highlighted by the Court that it is not aware of any power residing in the Court to compel the legislature to enact a law or to stay or set aside the repeal thereof.
“The only power that the Court has is to determine whether the enactment is a fraud on the Constitution or legislative power or ultra vires the Constitution or violative of any provision thereof. If it be so, it has the power to declare the Act as ultra vires or to declare a part of it or some sections of it as ultra vires or invalid,” it added.
Thus, the Court noted that it cannot rule that the repealing Act is a fraud on the legislative power of the Meghalaya Assembly.
“For the above reasons, we find this writ to be an absolute abuse of the process of Court. It is hereby dismissed as frivolous,” the Court ordered.
Case Title: RITHS Trust & Ors. v. State of Meghalaya & Ors.
Case No.: I.A.(Civil)/3340/2024 in El. Pet./1/2024