The State of Maharashtra
The State of Maharashtra: Legal and Constitutional Context
1. Background
Maharashtra is a state in India formed on May 1, 1960, by the States Reorganisation Act, splitting the erstwhile Bombay State.
It has its own legislature, executive, and judiciary as per the Indian Constitution.
Functions under the framework of the Constitution of India, especially under the Seventh Schedule which defines its powers.
2. Constitutional Status
Maharashtra is a state under the Indian Constitution with powers divided between Union and State by Articles 245-255.
It has a Governor as the constitutional head, and a Chief Minister heading the Council of Ministers.
It has a bicameral legislature:
Legislative Assembly (Vidhan Sabha)
Legislative Council (Vidhan Parishad)
3. Powers and Functions
Subject to the Union List and Concurrent List, Maharashtra can legislate on subjects under the State List (e.g., police, public health, agriculture).
Implements laws framed by Parliament on Union List and Concurrent List.
Has executive authority under Article 162.
4. Important Case Laws Involving State of Maharashtra
a) State of Maharashtra v. Prahlad Singh (1965)
Issue: Taxation powers of Maharashtra on sale of goods.
Held: The state’s power to impose tax is subject to limits prescribed by the Constitution.
b) State of Maharashtra v. Syndicate Bank (1976)
Issue: Whether a state government can requisition property owned by a bank.
Held: The state government has powers under certain laws to requisition property in public interest, but it should be just and reasonable.
c) Kedar Nath Singh v. State of Bihar (1962)
Though not Maharashtra-specific, it laid down the limits on the Right to Freedom of Speech and Expression, which states like Maharashtra enforce.
5. Maharashtra and Federal Relations
The State has faced President’s Rule several times (Article 356), e.g., political instability.
The S.R. Bommai case is relevant here, setting strict conditions for imposing President’s Rule, protecting Maharashtra’s elected government.
6. Maharashtra’s Role in National Issues
Has been involved in landmark cases concerning urban development, environmental protection (e.g., Mumbai Coastal Regulation Zone enforcement).
Cases like M.C. Mehta v. Union of India (Ganga Pollution) set standards that Maharashtra and other states must follow.
Summary
| Aspect | Details |
|---|---|
| Formation | Created in 1960 from Bombay State |
| Constitutional Status | State under Indian Constitution, with legislature & Governor |
| Powers | Legislature and executive powers on State List subjects |
| Judicial Relation | Bound by Supreme Court and High Court of Bombay (Maharashtra) |
| Federal Interaction | Subject to Union laws, but autonomous in State subjects |
| Important Judgments | Taxation, requisition, fundamental rights enforcement |
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