Supreme Court of India

Union of India v Delhi High Court Bar Association

(2002) 4 SCC 27520021 min read
The case in brief30-second read
Facts
The Delhi High Court, on a petition by the Delhi High Court Bar Association, had declared the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 unconstitutional. The Union of India appealed.
Issue
Whether Parliament was competent to enact the 1993 Act and constitute Debt Recovery Tribunals, and whether the Act was otherwise valid.
Held
The appeals were allowed and the Act was upheld. Parliament had competence under Entry 45, List I (banking), which covers recovery of debts due to banks and financial institutions, to set up the Tribunals.
Principle
The Recovery of Debts Act, 1993 and Debt Recovery Tribunals are valid under Parliament's power over banking.
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Facts

  • The Delhi High Court, on a petition by the Delhi High Court Bar Association, had declared the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 unconstitutional. The Union of India appealed.

Issue

  1. Whether Parliament was competent to enact the 1993 Act and constitute Debt Recovery Tribunals, and whether the Act was otherwise valid.

Held

  • The appeals were allowed and the Act was upheld. Parliament had competence under Entry 45, List I (banking), which covers recovery of debts due to banks and financial institutions, to set up the Tribunals.

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Citation

Union of India v Delhi High Court Bar Association (2002) 4 SCC 275

Reported: https://indiankanoon.org/doc/522930/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.