Exploring the Legal Authority of Supreme Court over State Acts
Can the Supreme Court legally intervene to halt the implementation of an Act passed by a State government?
- The Supreme Court of India holds the power of judicial review under Articles 32 and 136 of the Constitution.
- If a State Act is challenged as violating the Constitution (e.g., Fundamental Rights), the Supreme Court can entertain petitions seeking relief.
- The Court may issue interim orders, including staying (halting) the implementation of the Act, if it finds prima facie merit in the challenge.
- Such intervention is legal and aims to prevent potential harm or irreversible consequences while the case is being heard.
- The Supreme Court’s authority extends to any law passed by states if it is alleged to be unconstitutional or ultra vires.
- Thus, the Supreme Court can legally intervene and halt the implementation of a State Act, pending final adjudication.