Laws valid in a state hold in one carved out of it: SC | India News


Laws valid in a state hold in one carved out of it: SC

NEW DELHI: Supreme Court said all laws applicable in a state would also be valid in a new state carved out of it unless the law is altered or amended by the new state.
A bench of Justice C T Ravikumar and Rajesh Bindal also said that state govt permission was not needed for Central Bureau of Investigation (CBI) to probe and register a case against a central govt employee working in a state.
It passed the order while adjudicating a dispute over whether Telangana state’s approval was needed for CBI probe after it was carved out of Andhra Pradesh.
Court said that Andra Pradesh had approved application of Delhi Special Police Establishment Act in the state in 1990 and it would be applicable in Telangana also till the new state withdrew its consent.
The bench referred to earlier ruling of the apex court in which it was held that the laws which were applicable to the undivided State of Bihar would continue to apply to the new states created by the Act and that the laws that operated would continue to operate notwithstanding the bifurcation of the erstwhile State of Bihar and creation of the new State of Jharkhand and they would continue in force until and unless altered, repealed or amended, it was further held.





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