NICE stumbling block for State legislation?

NICE stumbling block for State legislation?
VIjay Times

Bangalore: In the wake of Karnataka government mulling legislation to overcome a Supreme Court judgment clearing Bangalore Mysore Infrastructure Corridor Project, it would be interesting to note the State has a very poor record when it comes to such legislations.

This is because they face hurdles while passing the test of legal scrutiny. VT takes a peek into three such cases.

CAUVERY ISSUE: Following an interim order of the Cauvery Waters Tribunal directing Karnataka to release 205 TMC water to Tamil Nadu, the Inter-state Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991 was promulgated.

The ordinance sought to nullify the effect of the interim order.

The Supreme Court, while quashing the ordinance, observed, “Karnataka has arrogated to itself the power to decide unilaterally whether the tribunal has jurisdiction to pass the interim order. Further, it has assumed the role of a judge in its own cause.” The legislature can change the basis on which a decision is given by the court and change the law in general, affecting a class of people and events at large, the court said.

It cannot, however, set aside an individual decision concerning two partes and affect their rights and liabilities alone, it said, adding such an act on the part of legislature amounts to exercising the judicial power of the state.

CET: Following an interim order of the Supreme Court in 1994 permitting private managements to fill up 100 per cent seats, the State passed an order declaring a seat matrix of 75:25 in its favour.

The order was challenged and a compromise reached between the State and managements to share seats on 50:50 basis. The matter is still pending.

EDUCATION ACT: To overcome the fallout in the P A Inamdar case, the State enacted the Karnataka Professional Education Institutions (Regulation of Admission and Determination of Fee) Act 2006. The first to challenge it was the St Johns College.

A Division Bench of the High Court held in an interim order that two provisions of the Act will not be applicable to this college. Experts say this Act too has every chance of running into troubled waters.