AIR 1998 SUPREME COURT 431 ::1998 AIR SCW 8 ::1998 (2) SCC 109 ::1998 SCC(Cri) 514 ::(1997) 7 Scale 210 ::1998 (1) Cal HN 34 ::(1998) 1 Ker LT 11 ::1997 (10) Supreme 169 ::(1998) SC Cr R 246 ::(1997) 9 JT 431 (SC)

Supreme Court Of India

Hon'ble Judge(s): J. S. Verma, M. M. Punchhi, S. C. Agrawal, A. S. Anand, S. P. Bharucha , JJJ

(A) Armed Forces Special Powers Act (28 of 1958) , Preamble— Scope - Act is not law in respect of maintenance of public order - Parliament was competent to enact it. Constitution of India , Art.248, Sch.VII List I Entry 2A— Parliament was competent to enact the Central Act in exercise of the legislative power conferred on it under Entry 2 of List I and Article 248 read with Entry 97 of List I. After the insertion of Entry 2A in List I by the Forty-Second Amendment to the Constitution, the legislative power of Parliament to enact the Central Act flows from @page-SC432 Entry 2A of List I. It is not a law in respect of maintenance of public order falling under Entry I of List II. Thus the plea that the Central Act is ultra vires the legislative power conferred on Parliament inasmuch as it is not an enactment providing for deployment of Armed Forces in aid of the civil power, but is an enactment with respect to maintenance of public order which is a field assigned to the State Legislature under Entry I of the State List, would not be tenable.(Para 74 35 26) (B) Constitution of India , Sch.VII List I Entry 2A, Sch.VII List II Entry 1— Expression "in aid of the civil power" - Meaning and scope. ....