Nandini Sundar & Ors. vs. State of Chhattisgarh

Can the Supreme Court Halt an Act Passed by a State? – Insights from Nandini Sundar Case

Background:

The Supreme Court, while disposing of a writ and contempt petition in Nandini Sundar & Ors. vs. State of Chhattisgarh, clarified that a State law passed after a Court order cannot be treated as contempt unless it violates the Constitution.

What Did the Supreme Court Mandate in July 5, 2011?

• Directed Chhattisgarh to stop using Special Police Officers (SPOs) in anti-Maoist operations.

• Ordered recall of all firearms issued to SPOs.

• Prohibited operation of groups like Salwa Judum and Koya Commandos.

• Directed the Union Government to stop funding SPO recruitment for counter-insurgency.

• Held that deploying underpaid, ill-trained SPOs violated:

  • Article 14 (Right to Equality)

  • Article 21 (Right to Life and Personal Liberty)

Why Was a Contempt Case Filed?

• After the 2011 SC order, Chhattisgarh passed the Auxiliary Armed Police Forces Act, 2011.

  • Section 4(1): Allowed auxiliary forces to aid and assist in tackling Maoist violence.

  • Section 5(2): Ensured auxiliary members would not be in frontline combat and would be supervised by security forces.

  • Mandated minimum 6 months training and screening for SPOs.

• Petitioners claimed this was a violation of the Court’s 2011 directions and filed for contempt of court.

Why Was the Contempt Plea Rejected?

1. Compliance Achieved:

   • Chhattisgarh implemented all SC directions and filed required compliance reports.

2. Legislative Power Upheld:

   • States have plenary legislative powers within their jurisdiction.

   • Passing a law cannot amount to contempt, unless it's declared unconstitutional.

   • Legislatures can:

     • Remove the basis of a court judgment

     • Validate a struck-down law by altering its content

   • This principle is protected by the doctrine of separation of powers.

3. Precedent Cited:

   • Indian Aluminium Co. vs. State of Kerala (1996):

     • Courts must maintain constitutional balance between the three organs of government (legislature, executive, judiciary).

• The Supreme Court cannot halt or treat a law as contempt merely because it was passed after its ruling.

• A law can only be struck down if it:

  • Exceeds legislative competence, or

  • Violates the Constitution.

• The judiciary must respect the autonomy of the legislature, reinforcing separation of powers in a constitutional democracy.