Supreme Court of India
Adivasis for Social and Human Rights Action v. Union of India & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that the Governor’s power to make new law is not available in view of the clear language of Para 5(1), Fifth Schedule does not recognise or confer such power, but only power is not to apply the law or to apply it with exceptions or modifications.
Judgment, page 13
From the headnote
Constitution of India, 1950 : 5th Schedule – Power of Governor under – Application of Central and the State Acts to a Scheduled Area-District of Sundargarh in the State of Orissa without a specific notification making the said Acts applicable to the Scheduled Area issued by the Governor – Held: All the Central and the State laws which are applicable to the entire State of Orissa would continue to apply to the Scheduled Area unless, in exercise of powers under sub-clause (1) of Clause 5 of the Fifth Schedule, there is a specific notification issued by the Governor making a particular enactment…
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