THE ANIMAL WELFARE BOARD OF INDIA & ORS. versus UNION OF INDIA & ORS.

THE ANIMAL WELFARE BOARD OF INDIA & ORS. versus UNION OF INDIA & ORS.

The writ petitions involve substantial constitutional questions and require authoritative adjudication by a Constitution Bench of five judges.

Source-derived case information.

Parties
Petitioner: The Animal Welfare Board of India & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
02 February 2018
Procedural Posture
Writ Petition (civil) No. 23 of 2016 / Reference to Constitution Bench
Outcome
Reference to Constitution Bench; No final determination on merits
Legal Topics
Interpretation of Constitution, Doctrine of Pith and Substance, Prevention of Cruelty to Animals, Cultural Heritage Protection
Constitutional Law Animal Welfare Legislation Interpretation of Constitution Doctrine of Pith and Substance Prevention of Cruelty to Animals Cultural Heritage Protection

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Parties

The Animal Welfare Board of India & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 23 of 2016 / Reference to Constitution Bench

Legal Issues

  1. 1 Whether the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 is referable to Entry 17, List III of the Seventh Schedule; Whether the Act perpetuates cruelty to animals or is a measure of prevention; Whether the Act is colourable legislation; Whether the Act seeks to preserve the cultural heritage and receives protection under Article 29; Whether the Act ensures survival and well-being of the native breed of bulls and is relatable to Article 48; Whether the Act is violative of Articles 14, 21, 51A(g) and 51A(h); Whether the Act is contrary to the judgment in A. Nagaraja and the associated review judgment; Whether defects pointed out by earlier judgments are addressed by the amended Act

Ratio Decidendi

The writ petitions involve substantial constitutional questions and require authoritative adjudication by a Constitution Bench of five judges.

Court Disposition

Reference to Constitution Bench; No final determination on merits

Orders

  • Let the papers be placed before the learned Chief Justice to constitute a Bench of 5 Hon’ble Judges