State Acts: Can the Supreme Court stop them?

• The Supreme Court issued an order on July 5, 2011, ordering the State of Chhattisgarh to cease using Special Police Officers (SPOs) in activities aimed at controlling, countering, mitigating or eliminating Maoist activities.
• The order also ordered the State to recall all firearms issued to any of the SPOs and take measures to prevent the operation of any group, including the Salwa Judum and Koya Commandos.
• The Court also directed the Union of India to cease and desist from using its funds in supporting the recruitment of SPOs for the purposes of R.K. VIJ.
• The State of Chhattisgarh enacted the Chhattisgarh Auxiliary Armed Police Forces Act, 2011, which was argued by the petitioners as not in accordance with the Court’s order and therefore amounted to contempt of Court.
• The Court rejected the contempt prayer due to the fact that all the directions issued by the Court had been complied with by the State of Chhattisgarh and necessary reports were submitted.
• The Court clarified that every State legislature has plenary powers to pass an enactment so long as the said enactment was not declared to be ultra vires of the Constitution.
• The Court observed that any piece of legislation enacted by a legislature can only be assailed only on the twin prongs of legislative competence or constitutional validity.