H. ANRAJ AND OTHERS ETC. versus STATE OF MAHARASHTRA

H. ANRAJ AND OTHERS ETC. versus STATE OF MAHARASHTRA

The Government of Maharashtra is not competent to ban or interfere with the sale within Maharashtra of tickets of lotteries organised by other States. The source of executive power claimed via Article 258(1) and the Presidential Order does not extend to banning lotteries organised by other State Governments. Only Parliament has legislative competence in this regard, and no such Parliamentary law exists. The ban is therefore without authority, and the State Government’s actions are ultra vires the Constitution.

Parties
Petitioners: H. Anraj and others; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
23 January 1984
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Supreme Court Original Jurisdiction Judgment
Outcome
Writ petitions allowed.
Legal Topics
Lotteries, Executive Power, Legislative Competence, Division of Powers
Constitutional Law Administrative Law Lotteries Executive Power Legislative Competence Division of Powers

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Parties

H. Anraj and others

Petitioners

State of Maharashtra

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Supreme Court Original Jurisdiction Judgment

Legal Issues

  1. 1 Whether the Government of Maharashtra is competent to ban the sale within Maharashtra of lottery tickets organized by other State Governments.
  2. 2 Whether the State Legislature can enact a law touching lotteries organised by the Government of India or a State Government.

Ratio Decidendi

The Government of Maharashtra is not competent to ban or interfere with the sale within Maharashtra of tickets of lotteries organised by other States. The source of executive power claimed via Article 258(1) and the Presidential Order does not extend to banning lotteries organised by other State Governments. Only Parliament has legislative competence in this regard, and no such Parliamentary law exists. The ban is therefore without authority, and the State Government’s actions are ultra vires the Constitution.

Court Disposition

Writ petitions allowed.

Orders

  • State of Maharashtra is directed to forbear from giving effect to the ban on the sale or distribution of tickets of lotteries organised by other States within Maharashtra.