Concurrent Jurisdiction Of Article 32 And 226 With Reference To Pratibha Ramesh Patel V. Union Of India [WP (Civil) No.35 Of 2016]
Shreyas Malik, Vivekananda Institute of Professional Studies
Facts of Pratibha Ramesh Patel V. Union of India
A writ petition was filed under Article 32 of the Constitution of India is filed mainly with the following prayers: -
(a) To declare that sections 2, 12 and 15(a) of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, which has since been notified on 3rd of January, 2013 and the said Act to have brought into force as well on 15th January, 2013, as unconstitutional and void since the said Act by amendment to the Securitisation and reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, has brought Multi State Co-operative Society within the ambit of SARFAESI ACT, 2002 and the RDDBFI Act, 1993 and that to further declare that the (Amended) Act, 2012 as unconstitutional and void for it is beyond the legislative domain of the parliament to enact law concerning the "co - operative societies" except as provided for under Articles 249, 250, 252 or253 of the constitution, and in doing so in contravention of Article 245 and 246 read with Schedule VII of the Constitution of India, has trenched into the exclusive legislative domain of the State legislature, nay, had inflicted fatal injury to the federal structure of the constitution, which constitute to be the very basic feature of our constitution;
