THE CONSTITUTIONAL LAW OF INDIA MLSU - CENTRAL LIBRARY ima TENTH EDITION Foreword by : The Hon’be Mr, Justice H. C. P. TRIPATHI Judge, High Court, Allahabad, CENTRAL LAW AGENGY ALLAHABAD-2FIRST EDITION ” 4970 SECOND EDITION -~ 1972 THIRD EDITION 1974 FOURTH EDITION 1975 FIFTH EDITION 1976 ‘SIXTH EDITION wt SEVENTH EDITION 1978 EIGHTH EDITION --- Feb. 1979 NINTH EDITION - August 1979 TENTHEDITION dune 1980 ALL RIGHTS RESERVED Sole Distributors for Delhi s Ms. UNIVERSAL BOOK TRADERS 80, Gokhale Macket, Opp. Tishazari Courts, DELHI-110054. Price : Rs. 30.00 Published byt Central Law Agency, #1, University Road, Allahabad-2, Printed at : Taxeo Printers, Allahabad,FOREWORD Liberty, equality and fraternity were the watch-words of the French Revolution. The concept of social justice permeated the Bolshevik upsurage which overwhelmed the old order in Russia. In the Indian Constitution a successful attempt bas been_made to bring about a synthesis between the concepts_of iadividual freedom and social justice. “It is for this reason tl attainment of social, economic and politizal justice, along with the een at equality of its citizens is enshrined in the Preamble as the objectives of the Constitution. The Constitution of India is an organic document which defines the powers and functions of the various organs of the State and their inter se relationship. It is modelled on the pattern of a federal structure with a strong bias in favour of the Centre. It provides for Parliamentary democracy with an Executive responsible to the Legislature, Like American Constitution, it has armed the Judiciary to test the validity of the Parliamentary legislation on the touchstone of the constitutional provisions. ‘The Constitution guarantees to its citizens certain fundamental rights— right to equality, right to freedom of speech and religion, right to property and to constitutional remedies—rights which are essential for the development of human personality. In this, the Indian Constitution has gone a step forward than the Bill of Rights incorporated in the Constitution of the U. S. A. Constitution is the Supreme Law of the “Land, and naturally during the course of the last 22 years a number of commentaries, written by eminent men of law and learing, have come out on the Constitution. Sri Jai Narain Pandcy, the author of this book, is a teacher of law in the University of Allahabod. He has long felt the need of a handy volume giving an integrated picture of the Constitution to the University students. He has made this attempt in that direction. I have read some portions of this book. I find that Sri Pandey has succeeded in giving a brief but lucid exposition of the main characteristics of the Constitution. He has also noticed the important authoritative pronounce- ments of the Supreme Court at appropriate places. I hope the book will prove useful not only to the University students but also to those who are in the profession of Taw. HC. P. Tripathi, Judge, High Court, Allahabad. Allahabad : Oh December, 1969.PREFACE TO THE TENTH EDITION The fast edition of the book appeared at a time when the Sixth Lok Sabha was dissolved and mid-term election was ordered by the President. At that time a serious doubt was expressed by constitutional jurists about the outcome of the election results. H was then feared that no party would be able to obtain majority and an era of Coalition Govsroments was likely to com menace, threatening the very fabric of Indian polity. Fortunately, the tadian electorate demonstrated an exceptional sense of political maturtty and voted for a strong and stable Government. The Congress Party headed by Srimati Indira Gaodhi, which was completely routed in the 1977 elections, secured a specticular majority in the Lok Sabha poll and formed the Govera- ment at the Centre. This makes it amply clear that the Indian Constitution has successfully withstood the political turmoils faced by the country during the last decade and also that the political institutions established by it are capable enough to delivering goods to the teeming millions of this country provided our political leaders work with honesty and sincerity, Alas ? Honesty is the tarest quality found amongst our political leaders. Why then we blame the Constitution for our own failures ? Since the publication of the last edition two significant constitutional developments have taken place. First, by the Constitutional 45th Amendment Act, 1980, the duration of the reservation of seats in the Lok Sabha and the State Assemblies for Scheduled Castes ahd Scheduled Tribes has been extended for a further period of ten years making it forty years from the commencement of the Constitution. How long this reservation will continue would depend upon the good sense of our leaders, This change has been incorporated in this edition. Secondly, a judicial pronouncement of great significance has been delivered by the Supreme Court in the case Afinerva Mills v. Union of India, (unteported). In that case, the Supreme Court, applying the principles laid down in Kesavananda Bharati’s case, bas struck down Art. 31C (which gave primacy to Directive Principles over the Fundamental Rights) and sub-clauses (4) and (4) of Art. 368 (which conferred on Parliament unlimited amending power) on the ground that it destroys aud damages the “basic features” of the Constitu- tion. The above mentioned Articles were added to the Constitution by the Constitution (42nd Amendment) Act, 1976 which was enacted during the emergency. The order of the Court makes it clear that the Constitution—not Parliament—is supreme in India. Indeed this is the very spirit of a written Constitution, This decision is to be welcomed by all. ‘It is hoped that the Government will also accept this decision and will not try to undo it by amend- ing the Constitution ot by filing a petition to review the Kesavananda ruling. ‘This order has been incorporated in this edition. This edition also incorporates all important judicial} pronouncements by the Supereme Court of India reported upto March 1980. ‘The present edition, it is hoped, will continue to serve its readers like ita earlier editions. J.N. Pandey. 2C]1 Baghambart Road, Allahabad, Sth June, 1980.PREFACE TO THE FIRST EDITION The Fudamental law of the land is its Constitution. Consequently constitutional Jaw is a subject of paramount importance. Eminent and distin- guisbed authors have written authoritative books on this lively subject. The highest Judicial Tribunal of the country has also given from time to time authoritative pronouncements on some of the most intricate and fundamental aspects of the Indian Constitution. In my opinion, however, the books written on the Indian Constitution being in a commentary style do not adequately fulfil the needs of the students as they fail to givea coberent and integrated picture, As a teacher of the Constitutional law, I have felt the need of a text book succinctly explaining the basic principles of the Indian Constitution. An attempt is, therefore, made in this book to enunciate the underlying concepts of the Indian Constitution and to briefly comment on its basic structure. In dealing with the subject, I have also referred to the relevant provisions of the other Constitutions notably U.S. A. U. K., Australia and Canada wherever necessary. This book is primarily meant for LL. B. and LL. M Students of the Indian Universities. Icis, however, expected that it will also prove useful to those who are preparing for the various Competitive Examinations. The usefulness of the book is judged by those for whom it is meant. I shall consider my labour to have been amply rewarded if the book could be helpful to the students of law in appreciating the essential characteristics of the Indian, Constitution, Icrave the indulgence of the readers of any error or imperfection which might have, despite the best possible endeavours, crept in this work. Any suggestion for improvement of the book shall be gratefully welcomed, I must express my thanks to my colleague and friend Shri U. P. D. Kesari, who inspired me to write this book and to my friend Shri S. N. Misra, Lecturer, from whom I have received valuable suggestions on numerous occa- sions. My grateful thanks are atso due to my reverend teachers Prof. V, N. Shukla, Dean Faculty of Law, University of Lucknow, and to Prof. S. N. Shukla, Dean Faculty of Law, University of Allahabad, for their kind guidance and blessings. I must thank my pupil Shri Nisha Kant Pandey, for his assistance in bringing out this book. I must record my thanks with gratitude, to the Hon'ble Mr. Justice, H.C.P. Tripathi of the Allahabad High Court, who has given me useful advices and Pleased to give it grace and honour by his “Foreword”. In the end, Iam grateful to the Publishers, the Central Law Agency, who induced me to write the book and the painstaking co-operation and efforts in bringing it out in this excellent form, 3, N. PANDEY, FACULTY OF LAW, ALLAHABAD UNIVERSITY, ALLAHABAD.The Constitutional Law of India Page Foreword iit Preface to the Tenth Edition , Preface to jhe First Edition a Contents ie Table of Cases xxv . CONTENTS CHAPTER 1—Introduction I-17 - What is a Constitution 1 What is Constitutional Law 1 Historical Background 1 The Coming of the British 2 The Charter of 1726 3 Beginning of the British Rule / 3 Regulating Act of 1773 3 ‘The Act of Settlement of 1781 5 Pitts India Act, 1784 6 The Charter Act of 1813 6 The Charter Act of 1833 6 The Charter Act of 1853 6 End of Company's Rule ww 7 The Government of India Act, 1858 7 Indian Council Act of 1851 7 9 Indian Councils Act, 1892 The Morley-Minto Reforms—The Indian Councils Act of 1y09 The Montague-Chelmsford Report—Goverament of India Act, 1919 9 Shortcomings of the Act of 1919 Y Simmon Commission H The Government of India Act, 1935 vf 12 ed Main feature of the Act of 1935 Distribution of Legislative powers between the Centre . 1 and the Provinces Federal List 3 Provincial List 3 Concurrent List 4 The Federal Court 44 The Cripp’s Mission 15 The Cabinet Mission, 1946 1s The Inidan Independence Act, 1947 1sx CONSTITUTIONAL LAW OF INDIA Page ‘The Framing of the New Constitution 16 CHAPTER 2—Natare of the Indias Constitution 18-23 Is the Constitution of India Federal . 18 Essential chasacteristics of a Federal Constitution 19 CHAPTER 3—Salient Featores of the Indian Constitution 24—28 The Lengthiest Constitation in the world 24 Establishment of a Sovercign, Socialist, Secular, Democ- ratic Republic 24 Sovereignty resides in the People 26 Parliamentary form of Government 26 Unique blend of rigidity and flexibility 26 Foadamental Rigbts 7 Ditective Principles of State Policy 27 A Federation with strong centralising tendency 27 Adult Suffrage 28 An Independent Judiciary 28 A Secular State 28 Fundamental Duties 28 (CHAPTER 4—The Preamble of the Constitotion 29-34 Preamble how far useful in interpreting the Constitution 23 The purpose it serves 30 Can Preamble be amended under Art. 368 31 42nd Amendment Act, 1976, and the Preamble 33 CHAPTER 5—The Union and its Territory (Articles 1-4) 35-39 ‘Union of States 35 Territory of India 35 Admission or establishment of New States 37 Formation of New States and alterati i etc, of existing States ‘on of boundaries, 37 Cession of Indian territory to foreign Country 38 CHAPTER 6—Citizenship (Articles 5—11) 40—48 Meaning of Citizenship 40 Constitutions} Provisions 40 Citizenship at the commencement of th i ive., January 26, 1950 © Constitution, Citizeaship uader the Citizenship Act, 1955 44 Termination of Citizenship 45 Commonwealth Citizenship 4CONTENTS xi Page One Citizenship in India 46 A Company or Corporation is not a citizen of India under Article 19 47 CHAPTER 7--Fondamental Rights—General (Articles 12—13) 4965 Origin and Development of Fundamental Rights 49 Need for Fundamental Rights 49 Striking a balance between individual liberty and social needs 50 Suspension of Fundamental Rights 52 Fundamental Rights afford protection against State action and not against action of private individual 53 *The State’ {Article 12) 54 Definition 54 Authorities 55 Local Authorities 54 Other Authorities 34 Laws inconsistent with Fundamental Rights (Article 13) 56 Power of Judicial Review 56 . Meaning and basis of Judicial Review 57 Pre-Constitutional Laws 60 Article 13 not retrospective in effect 60 Doctrine of Severability 60 Docttine of Eclipse 62 Post-Constitution Laws 62 The Doctrine of- Waiver 64 “Law” aud “Law in Force” 65 Is Constitutional Amendment a ‘Law’ nder Article 13 Q 65 CHAPTER 8—Right to Equality (Articles 14—18) ‘ 66-100 Introduction 66 Equality before the Law and Equal Protection of Laws 67 Equality before Law 68 Equal Protection of the Laws 68 Article 14 permits classification 6ut prohibits class | Jegislation 9 Test of Reasonable Classification 69 Basis of Classification 2 Geographical basis Wz Discrimination by the State in its own favour R Article 14 and Taxation Laws B Special Courts and Special Procedure .> oe 7 Administrative Discretion SE A single individual may constitute a class , 82aii CONSTITUTIONAL LAw OF INDIA Page No Discrimination on grounds of religion, tace, caste, 85 etc, (Article 15) | Special Provision for Women and Children— 87 Clause (3) | Special Provision for advancement of socially and educationally backward . 83 Equality of Opportunity in Public Employment (Article 16) 92 Abolition of Untouchabitity—Article 17 $9 Abolition af Titles—Article 18 100 CHAPTER 9-Right to Freedom (Articles 19—21) 101-130 Reasonable Restrictions 102 Rights available to citizens only 103 A--Freedom of Speech and Expression—Articles 19 (1) (2) and 19 (2) 104 Meaning and Scope 104 Territorial exteat of freedoms. na Freedom of the Press 105 Pre-Ceasorship invalid 105 Advertisements 108 Demonstration and Picketing 109 Film Censorship invalid 109 ‘Grounds of Restrictions—Ciause (2) 109 B—-Freedom of Assembly —Articles 19 (1) (b) and 19 (3) 116 C—Freedom ta form Association—-Articles 19 (1) (2) and 19 (4) HN? Restrictions on the Freedom of Association 119 D—Freedom of Movement—Artictes 19 (1) (d) and 19 (5) 120 Grounds of Restrictions 120 ¥E-Freedom of Residence—Articles 19 (1) (e} and 19 (5) 124 F—Freedom of Profession, Occtipation, Trade or Business—Article 19 (1) (g) and Article 19 (6) 122 Grounds of Restrictions 123 Taxation not restriction 129 Professional and Technical Qualifications 129 State Trading and Notification 129 CHAPTER 10—Pratectioa in Respect of Conviction for Offences {Article 20) 131-137 Protection against ex post facto law 131 Protection against Double Jeopardy 132 Prohibition agaiast Self-Incrimination 134 CHAPTER 11— Protection of Life and Personal Liberty (Article 21) 138—151 “Personal Liberty"—Meaning of 138CONTENTS xiil Page Prisoners and Art. 2E 143 Sentence of death and Arts. 21, 14 147 Interrelation between Art, 14 and Article 19 and Article 21 147 Procedure and law 148 Natural Justice M9 4 Emergency and Art. 21 150 CHAPTER 12—Safeguards against Arbitrary Arrest and Detention (Article 22) 152-166 Art, 22 not a complete Code 152 The Rights to be informed of grounds of arrest 153 Right to be defended by a lawyer of his own choice 153 Right to be produced before a Magistrate 154 No detention beyond 24 hours except by order of the Magistrate 154 Preventive Detention Laws 154 ‘The Preventive Detention Act, 1950 155 Constitutional Safeguards against Preventive Detention Laws 156 - The Maintenance of Internal Security Act, 1971 163 CHAPTER 13—Right against Exploitation (Articles 23 and 24) 167-169 , Prohibition of “Traffic in Human beings’ and Forced Labour 167 Compulsory service for public purposes 168 Prohibition of employment of children in factories, etc. 168 CHAPTER 14—Right to Freedom of Religion (Article 25-~28) 170-177 , The Republic of India is a Secular State - 170 Freedom of Religion in India , 171 Restriction on freedom of Religion 172 Freedom to manage religious affairs—Art.26 - « "7478 Right to establish and maintain Institutions for Religious and Charitable purposes 174 Right to manage matters of Religion 175 Right to administer property owned by demonition 176 Freedom from taxes for promotion of any particular . religion—Article 27 176 Prohibition of Religious Instruction ia State-aided Insti- tutions—Article 23 17 CHAPTER [5—Caltaral and Educational Rights (Arts. 29 and 30) 178—185 Relation between Article 29 (2) and Article 15 (1) 178xiv CONSTITUTIONAL LAW OP INDIA + Page Right of Minorities to establish and manage Educa- tional Institutions 179 Relationship between Articles 29 (1) and 30 (I) 180 Power of Government to regulate minority run Educa- tonal Institutions 181 CHAPTER 16—Saving of Certain Laws (Article 31-A, 31-B & 31-C) 186-187 Saving of Laws providing for acquisition of estates 186 Validation of certain Acts and Regulations—{Art, 31-B) 187 CHAPTER 17—-Right to Constitutional Remedies (Articles 32—35) 188--193 ‘Who can apply 188 ‘The Supreme Court as protector and guarantor of Funda- meatal Rights 189 Eateat of Supreme Court power under Article 32 (2) 189 Delay of Laches 190 Relation between Articles 32 and 226 191 Restrictions of Fundamental Rights of Members of Armed Forces 192 Restrictions on Fundamental Rights while Martial Law is in force in any area 192 Martial Law 193 _ MHAPTER 18—Directive Principles of State Policy (Article 36-51) 194202 Underlying object behind the Directive Priciples 194 Classification of the Directives 195 Social order based on justice 195 Relations between Directive Principles and Fundamental Rights 198 Art. 31C & Directives 200 Implementation of Directives 200 _/CRAPTER 19-—Fundamental Daties (Articte 51-A) 203—205 Need for fundamental duties 203 Source af fundamental duces 204 Enforcement of duties 205 ~ PRAPTER 20—The Union Executive, The President, Vice-President and Council of Ministers (Articles 5273 avd Art, 123) 206—231 The Parliamentary form of Government 206 The President 206 Qualifications 207 Conditions of President's Office 207CONTENTS av Page Salary and Emoluments 207 + Election of the President 207 Disputes regarding the election 209 Oath by the President 211 Term of office of the President au Procedure for impeachment of the President 2n Privileges of the President 212 Filling the Casual Vacancy 212 ‘The Vice-President 213 Powers of the President 213 Executive Powers 213 Military Powers 213 Diplomatic Powers 214 Legislative Powers 214 The Ordinance-making power of the President— Article 123 215 The Pardoning Power 215 Emergency Powers ‘216 Position of President 217 Prior to (42nd Amendment) Act, 1976 217 After the (42nd Amendment) Act, 1976 220 Effect of Coastitation (44th Amendment) Act, 1978 22t Indian President and American President 221 The Council of Ministers 222 Appointment of Prime Minister 223 Advice of the Caretaker Prime Minister 226 Dissolution of Lok Sabha 227 Principle of Collective Responsibility 228 Minister's Individual Responsibility 229 Constitutional Duties of the Prime Minist 9 229 Dismissal of Minister 330 Dismissal of the Cabinet 230 The Attorney-General of India 231 Functions of Attorney-General 231 ACHAPTER, 21—The Parliament (Articles 79-—122) 232—247 232 Composition of Parliament A—The Rajya Sabha 232 Importance of Rajya Sabha 234 B—The Lok Sabha 234 Territorial Constituencies 235 Tenure 235 Decision on questions of disqualifications of Members 237 237 Vacation of seats Speaker and Deputy Speaker of Lok Sabha 238CONSTITUTIONAL LAW OF INOIA Page Sessions of Parliament ce Prorogation um Dissotution “0 Effect of Dissolution on the busioess pending in the House a Functions of Parliament 24 Ordinary Bills a Joint Session of House a President's Assent F Money Bill 9 Financial Bills , 3A Distinction between Money Bill, Financial Bill 4 aod Bill Involving Expenditure . z Annval Financial Statement (Budget) —Artictes 112 to 116) ui Discussion and Votiog on Budget a Appropriation Bills 48 Supplementary Grants—(Article 115) ue Votes on Account i Votes on Credit Me Exceptional Grant a6 General Rules of Procedure xu Restrictions on discussion in Parliament By th cons Bot to inquire into proceedinge of Parliament 7 1¢ Comptroller | i icles «Ci amotal cand Auditor-General of India—{Articles 49 Duties and Powers mi HAPTER 22—The Union Jodi ion Jodiclary—The Su ticles Trang qerreme Court (AMS gg 25 The Guardian of the Constitution 8 Composition of the C H Appointment of the Tudges c % Qualification of Judges a , _ Nenure and Removal of Judges st arisdiction of the Supreme Court st 0 A Court of Record (Art. 129) * 3 Crigial Turisdiction—Article 131 8 Apmaien oforeement of Fundamental Rights a Feder te utietion (Article 132} 8 Sone rae © seh Avil by Spiial Leave~Atticle 136 * ‘istinetion be! . : 4 Any one Ase 136 and Anite 152 0 Bs 4s Article 143. CONTENTS avi Page Law declared by the Supreme Court to be binding on alt Courts—(Article 141) 1 270 Is Supreme Court bound by its own decisions 270 Power of Supreme Court to review its judgments 271 Ancilliary Powers of Supreme Court 272 Independence of Judiciaty—How maintained under the Constitution 272 Security of Tenure 272 Salaries of Judges fixed, not subject to vote of Legis- lature . 272 Parliament can extend, but cannot curtail the juris- diction and powet of the Supreme Court 272 No discussion in Legistature on the conduct of the Judges 273 Power to punish for its contempt 273 Separation of Judiciary from Executive ‘ 273 Judges of the Supreme Court are appointed by the Executive with the consultation of legal experts 273 ACHAPTER 23—The State Executive (Articles 153 to 167) 274-286 . The Governor H : 274 Appointment of a Governor 24 Qualifications 274 Tenure and Removal 24 Discharge of his functions ia certain contingencies 275 Powers of the Governor 275 Executive Powers 275 Financial Powers oe 276 Legislative Powers ‘ 277 ‘The Pardoning Power : 217 The Council of Ministers ‘ 278 Relationship, between the Governor and Council of ‘ Ministers , 279 Appointment of the Chief Minister 281 Dismissal of a Ministry ve 283 Dissolution of the Legislative Assembly’ 286 Advising the President for the Proclamation of an : Emergency under Article 365 of the Constitution 286 eft APTER 24—The State Legislature (Articles (168 to 212) -” 287-296 Creation and Abolition of Legislative Councils 287 Composition of Houses ’ 287 ‘Lepistative Assembly (Vidhan Sabha) =. + "Ff .gg7> Legislative Council (Vidhan Parishad) . 283avi CONSTITUTIONAL LAW OF INDIA Page Qualifications for Membership w Disqualification for Membership . 29 Decision on questions of disqualifications 28 Sessions of the State Legislature 290 Speaker and Depoty Speaker 20 Powers and Functions of Speaker at Chairman and Deputy Chairman of Legislative Council 2 Legislative Procedure (Article 196) m Money Bills By Assent to Bills (Article 200) . 23 Procedure in Financial Matters (Articles 202 to 207) ae General Rutes of Procedure mw Ordinance-making Power of the Governor au CHAPTER 25—The State Judiciary (Articles 214 to 237) 297-1 Appointment of Judges . a Transfer of a Judge from one High Court to another BI Qualifications 99 Term and Removal of Judges 3 Restriction after Retirement . 3 Salaries and Allowances 9 Jurisdiction of the High Court 300 A Coutt of Record : 30 General Jurisdiction ce rome of superintendence over all courts by the 449 Toman Discretion ct Of writ jurisdiction . a Effect of t hese ey ' aches or delay in filing petition under Article 226 cy kh WRITS Neg a Probibition wt Eatenson mame rf Ent of insiction of High Court et Hith Cours for Union tena 3 ourtr " inion Territories R 26—Priviteges of ‘ 24 of the Legislature (Arts. 105 and 194) 315-3 Freedom of Specch 318CONSTITUNIONAL LAW OF INDIA a5 Page Taxes levied and collected by the Union but assigned to the States . eget 347 Taxes levied and collected by the Union but distribut- _ ¢d between the Union and States 347 Union Bacise Duties under Article 272 347 Grants-in-aid 347 Restrictions on States Taxing Power 348 Yoter-Governmental Tax Immunities 35t Borrowing Power (Articles 292 to 293) 353 CHAPTER 28—The State Liability (Articles 294—300) 354--359 Suits by or against the State 354 Liability in Contract 354 Liability in Tort 355 CHAPTER 29—Right to Property (Article 300A) 360-—373 Eminent Domain 360 * No deprivation of property except by authority of Taw 361 Compulsory acquisition 361 The Constitution (Fourth Amendment) Act, 1955 363 Public purpose 363 Jasticiability of public purpose 364 Justiciability of compensation 364 (a) Prior to Fourth Amendment Act, 1955 365 (b) After the Fourth Amendment Act, 1955 365 Effect of 25th Amendment Act, 19/1 370 Effect of 42nd Amendment Act, 197 > 373 we enacted Compulsory Acquisition Laws—Clause a Exception to Article 31 (2) 373 moa CHAPTER Tree Trade, Commerce and Intercourse (Articles 374-379 Restrictions of Trade and Commerce 378 Parliament's power to regulat io the putlte interest aCe ad commerce 378 State’s power ta regulate Savings of Existing Laws nade and commerce Us t CHAPTER 31— Servi ot ices. under the Union and the States (Articles 303. “380-398 Reeruitment and Regulation of Conditjans of Services 380“+ conTENTs xxi Page The Doctrine of Pleasure 380 Constitutional Safeguards to Civil Servants—Restrictions on the Doctrine of Pleasure 381 Civil Post— Meaning of term 382 No removal by subordinate authority 382 Reasonable opportunity to defend 383 Termination of service when emounts to punishment 384 All-India Services 389 Public Service Commission 390 Appointment of members of Public Service Commission 390 Functions of Public Service Commission 391 CHAPTER 32—Tribunals (Articles 323-A—323-B) 392—393 Tribunals for service matter—Art. 323-A 392 Tribunals for other matters—Art, 323-B 392 Exclusion of Jurisdiction of Courts, 393 Appeal to Supreme Court by Special Leave—Art. 136 393 CHAPTER’ 33—Eleetions (Articles 324—329-B) 394399 Election Commission 304 Functions of Election Commission 394 Power of Parliament and State Legislatures with regard to Election Law 395 Courts not to interfere in Election Matters 395 CHAPTER 34— Special Provisions Relating to Certain Classes (Articles 42, 400-405 Scheduled Castes and Scheduled Tribes 401 Anglo-Indians 402 Backward Classes 403 Linguistic Minorities 4048 CHAPTER 35—Officlal Language (Articles 343-351) 406—403 Directive for the Development of the Hindi Language 406 \PrTER 36—The Emergency Provisions (Articles 352--360) 409 429 Emergency caused by war or armed rebellion 409 Territorial Extent of Proctamation 413 Duration 413 Effects of Proclamation of Emergency 413 Ata Suspension of fundamental rights guaranteed by Art. [9CONSTITUTIONAL LAW OP INDIA Distinction between Arts. 385 and 359 Doty of the Upion to protect States Failure of Constitutioaal machinery in States Difference between Articles 352 asd 356 Financial Emergency HAPTER 37—The Amendment of the Constitution (Article 368) Necessity of Amending Provision in the Constitution Procedure for Amendment Amendment of Fundamental Rights CHAPTER 38—Constitutional Amendments (19S0— May 1980) Page ay 4u 422 AB 40-442. 430 432, 433 443464TABLE OF CASES A A. Ranga Reddy v. General Manager, Blectri 5 Society Ltd. ger, Coop. Electric Supply an WA. D. M., Jabalpur v. S. Shukla 53+ A. H. Wadia v. Income Tax Commissioner 322 * K Sepals ve State of Madras 59 . P. H. L. Conference, Shillong v. W. A. Sangma A. P.S. R. T. Corpn. v. Satya Narayan Transports 30 A. S. Krishna v. State of Madras 336 A. V. Venkateswaram vy. R. S. Wadhwani 304 Abdul Gaffar v. State of West Bengal 164 Abdul Rahman v. Pinto 69 Abraham v. I. T. Officer 304 ‘ Adelaid Co, v. Commonwealth 173 Aflatoon v. L. R. Governor 30s Ajodhya Bhagat v. State of Bihar 261 Akabasi v. State of Orissa 130 Ala Mohan y. State of West Bengal 157 Alhaji Adegbenro v. Akintok 283 Alembic Chemical Works v. Workmen 267 All India Station Master’s Association y. General Manager Central Railway 93, 380 All India Bank Employces Association v. The National Industrial Tribunal 120 Ameerunnisa Begum v. Mahboob Begum 69, 83 Amaoti Municipality v. Ram Chandra 348 Andhra Industrial Works v. Chief Controller 188 Anjali v. State of West Bengal 86 Anjali Roy v. State of West Bengal . 88 Ansumali v. State of West Bengal 238 Anspmali Majumdar v. State of West Bengal 37 Anwar y. State of J. & K. 103 Arunchala Nadar v. State of Madras 103 Aslam Khan v. Fazal Haque Khan 42 Assam v. Ranga Mohammad . 312, 313 Assistant Collector, Central Excise y. J. H. Industries 304 Ataur Rahman v. State of M. P. 43 Atiabari Tea Co. y. State of Assam _ 342, 374 Automobile Transport v. State af Rajasthan 375 Avinder Singh v. State of Punjab 346 Azeez Basha v. Union of India 175, 176 B : B. K. Dev v. State of Orissa a B. L. Cotton Mills v. State af West Bengal 380 B.N Nagarajan v. State of Mysore {axhimaxv)CONSTITUTIONAL LAW OF INDIA B N, Tiwari v. Union of India Babhuumal v. Laxmibai Babulal v. State of Bombay Baburao v. Bombay Housing Board Babu Singh v. State of U. P. Babulal Parate v, State of Madras Babu Lal v. State of West Bengal Baij Nath v. State of U. P. Balebji v. State of Mysore Balakrishna Hegde v. Shankara Hegde Balak Ram v. State of U.P. Balai Chandra v. Shewdhare Jadav Balaji v. State of Mysore . Balchand Chorasia y. Union of India Balakotiah v. Union of India Banarsidas v. State of U. P. Bankatlal y. State of Rajasthan Barada Kanta v. State of West Benga! Bengal Immunity Co. v. State of Bihar Basavalingappa v. Munichiappa Baxi Aantik Siagh v. Union of Indis Bashesher Nath y. Income Tax Commissioner Basudev v. Rex Bega Begum v, Abdu! Ahmad Khan Behram v. State of Bombay ~Benett Coleman & Co. v. Union of India Benner Coleman and Co, v. Union of India Benami Bros. ¥. Union of India Bharat Bank v, Employees of Bharat Bank Bhikaji v. State of M. P. Bhaiya Lal v. Harikrishna Singh Bhan Rum vy, Baijoath Bijay Cotton Mills Ltd. v. State of Ajmer Bira Kishore Dev y. State of Orissa Bihar E, G. F. Cooperative Society v. Sipahi Singh Bradlaugh v. Gossef Brakmanand v, State of Bihar Brij Bhusan v, State of Delhi Budhan Chowdhury v. State of Bihar Burmah Construction Co. v. State of Orissa Cc Calcutta Corporation v. Director of Rationin Calcutta Gas Co, Ltd. v, Stat Cantwall v. Connecticut < of West Bengal Central Bank of India Ltd. v. Ram Naraio Champaklat v. Union of india Chamaraja v. State of Mysore Chandra Mohan v. U. P; Chandra v. State of Rajasthan 354 335 170 4) 92, 386 92 312 163TABLE OF CASES xxvii Chandra Kant Saha v. Union of India RT Charan Singh v. State of Punjab 266 Chhatey Lal v. Stateof U. PL. 247 Chintamanrao v. State of M, P. ‘ 124 Chintamani Rao v. State of M, P. 102 Chintaman Rao v. State of M. P. 128 Chitralekha v. State of Mysore 96 Chief Inspector of Mincs vy K, C, Thapper 131 Chiranjit Lat v. Union of India 52, 63 Clerks of Calcutta Tramways v Calcutta Tramways Co, Ltd 267 Collector v. Day 351 Commr. Hindu Religious Endowments, Madras v. L.T. Swamiar 171, 172, 174, 346 Coffee Board, Bangalore y. Jt. Commercial Tax Officer Ho Cooverji v. Excise Commissioner 124, 125 Corporation of Calcutta v. Liberty Cinema 346 Corporation of Calcutta v. Calcutta Tramways Ltd. 128 Cox v. New Hampshire 51 Craignish v. Hewitt 4h D D. Elayunni v. State » 65 D. A. V. College, Bhatinda v. State of Punjab 180, 183 D. Silva v. Union of India 391 D. B. M. Patnaik v. State of A. P. 65, 143 D.C. Mills Ltd. vy. Commissioner of Income Tax, West Bengal 264, 267, 314 D.C, Works Ltd. v. State of Saurashtra 260 D. N. Banerji vy. P. R. Mukheyi . 300 D. P. Joshi v. State of M. B. 86 D.S. Roy v. State of W. B. 157 Damayanti v. Union of India 118 Dardhan Saha y, State of West Bengal 148 Dalbir Singh v. State of Punjab 192 Dargah Committee, Ajmer v. Hussain Ali 176 Dargah Committee, Ajmer v. Syed Hussain Ali 172 Dasappa v. Dy. Additional Commissioner 17 Daryao vy. State of U. P. 189, 191 Darshan Sinah » Statenf Pugiab 259 Day Britelighting v. Missouri 52 Dattatraya v. State . + 87 Debesh Chandra v. Union of India 385 Deep Chand v. State of U. P. 1, 63, 340 Devadasan v. Union of India 197, 404 Devarajjsh vy. Padmanna . 9 Devdas v. Karnatak Engineering College : 55 Dukhoram v. Co-operative Agricultural Association, 3 or 1 Deshpande y. $ii CONSTITUTIONAL LAW OF INDIA Dhian Singh v. Deputy Secretary 301 Dinesh Chandra v. State of Assam 381 District Collector, Hyderabad y. Ibrahim & Co, 375 Divisional Superintendent, Eastern Railway v. Danapuc, 388, Dr, Het Ram Kalia v. Himachal Pradesh University, Simla ail Dr. J. N. Misra y, State of Bihar . 97 Dr. N. B. Khare v. Election Commissioner of India 210 Dr. Suresh Chandra y. Pandit Goala 11S Downes v. Bidwell , 10 Duli Chand y. Delhi Administration 265 Dubar Goala v, Union of Indiz 167 Dulal Samanta v. D. M., Howrah 168 Durga Shankar v. Raghuraj Singh . 264, 267, 395 Dwarkadas v. Sholapur Spinning and Weaving Co. 362 Dwarkanath v, I. T. O. 302 Dwarka Nath y. State of Bihar 65 Dwarka Prasad v. State of Uttar Pradesh 125 Dwarika Prasad vy, State of Bihar 159 E E. I. Tobacco Co. v. State of A. P. 73 E. R. J. Swami v. State of Tamil Nadu 172 East India Commercial Co. y. Collector of Customs 308 Ebrahim Aboobakar y, Custodian-Geaeral 310 Ebrahim Wazic v. State of Bombay 122 Election Commission v. Saka Venkata Subba Rao 237 Election Commission y. Venkata Rao 259 Emperor y. Benoari Lal Sharma 215 Emperor v. Sibnath Banerjee 206, 274 Everson v. Board of Education 170 Excel Wear ¥. Union of India 123 Express Newspapers v. Union of india 106, 267 ‘ ¥ Fedco (P.) Ltd. vy, Bilgrami 128 Fogle 8. K. Jalil v. State of Bengal 160 G G. D. Bhattar y, State ‘ j34 G. D. Karkare v. T. L. Shevde 312 G. H. Verma v. Hargovind Dayal iid &. K gies v. E. X. Joseph 9 . K. Krishnan y, State of Tamil Nadu G. N. Sabakari Samiti v. State of Rajasthan 7s General Manager, South i i Giltow v. New Von eo Railway v. Rangachari 94, 91, 380TABLE OF CASES ‘ _ xxix Godhra Electric Co. Ltd. v. State of Gujarat 4B .Golak Nath v. State of Punjab 29, 65 Gopal Krishna v. Union of India 384 Government of Andbra Pradesh v. Hindustan Machine Tools 323 Govind v, State of M. P. 139 Govindji v. Deputy Controller of Imports & Exports 128 Gulam Sarwar v. Union of India 410, 419 Guntur Medical College v. Mohan Rao 92 H H. Esmait v. Competent Officer 303 H. B. Advani v, State of Maharashtra 133 H.R. Ev. L. T. Swamiar 176 H. S. Verma v. T. N, Singh 282 Habecb Mohammad v. State of Hyderabad 70 Haji Mohd, v. District Board, Malda Hg Hamdard Dawakhana v. Union of India 108 Hanif Qureshi v. State of Bihar 103 Hanumanthappa ¥. Special Officer, Distt. Board 19 Har Sharan v. Chandra Bhan 282 Har Swarup v. G. M., Central Riy. 190 Hargovind v. Raghukul 274 Haripada Dey v. State of West Bengal 265 Harroobhai v. State 55 Hari Vishnu Kamath v. Ahmad Ishaque 300, 308, 310 Hari Krishoa v. Ahmad Ishaque 395 Hartado vy. People of California 50 Hari Krishaa v. State of Maharashtra 159 Hathi Singh Manufacturing Co. v. Union of India 123, 124, 031 Hemchandsa Sen Gupta v. The Speaker 247 Hindustan Antibiotics v. Workmen 267 Hindustan Tin Works y. Its Employees 267 Himmat Lal v. State of U. P. 304 Hira Lal v. State of U. P. 254 Hussainara Khatoon v. State of Bihar 146, 189 1 Income Tax Officer, Shillong v. N. T. R. Rymbal 73,75 Inda Devi ¥. Board of Revenus . 200 Inder Singh v. Chief Commissioner, Punjab 310 Ingia Pipe F ig Co. ¥. Fakruddia xe Indian M. M. Corporation v, Industrial Tribunal 123 Indian Motor Cycle Co. v. U.S. 351 J . State of W. B 161 IN, Rov +. St st JN. Sharma v BiharCONSTITUTIONAL LAW OF INDIA Jagmohan Singh v, Uttar Pradesh Jagannath Baksh Singh v. State of U. P. Jagannath Ramanyj Das v. State of Orissa Jagist Singh v. State Jagwant Kaur v. State of Bombay Jaisibghan v. Union of India . Jaipur Hostery Mills y. State of Rajasthan Jamalpur Arya Samaj Sabba v. Dr. D. Ram James v. Commonwealth of Austrafia Janardhan Subbaraya v. State of Mysore Janardhan Reddi v. The State Janmanison v. State of Texas Jaswant Sugar Mills v, Lakshmi Chand Jatish Chandra y. Hari Sadan Jayanarain Sukul v. State of West Bengal Joseph Thomas v. State of Kerala kK XK. Anandan Nambiar y, Chief Secretary, Government of Madras K. Haidar v, State of West Bengal K, Joseph v. Narayanan K. A. Abbas v. Union of India K. C. G. Narayan Deo v. State of Orissa K. K. Kochuni v, State af Madras 53, 103, KN, Sarkar y, State XK. M. Nanavati y, State of Bombay K. P. Doctor v. State of Bombay K. 58. Jayasree v, Kerala Kailash Nath v, State of U, P. Kameshwar Singh v. State of Bihar 69, 71, 109, Kanu Sanyal y. District Magistrate, Darjeeling Krishaaswami v. Governor-General in Council Karimunissa v, State of M. P, Kasturi Lal v. State of U. P. Kamalachina v. State Kanu Biswas y, State of W. B. Kathi Ranning v. State of Saurashtra Kedar Nath v, State of Bihar Kedar Nath v, State of West Bengal Kesava v. State of Mysore = Kesavanand Bharti v. State of Kerala Keshav Singh v. The Speaker of U. P. Assembly Keshav Madhava Menon v. State of Bombay Khatki Ahmad v Ludi Municipality Kharak Singh v, State of U. PL Khem Chand v. Union of India Khudiram Das v. State of W. B. King v. S. G. Campbell Kishan Chand v, Commissioner of Police Kishori Mohan y, State of W. B. Kishoti v. Union of India 318 7 134 85, 109 37 190, 322 53 278 2 90 129 337, 373 305 258 42 356 121 i 86 M6TASLE UF CASES xaxi Kishori Mohan v. State of W. B. Wn Krishna Kumar y. Divisional Asst. E. E. Control Railway 382 Kohason Thangkhul y. Simiri Shailj 168 Krishna Singh v. State of Rajasthan 70, 72,77 Krishna Kumar vy. State of J. & K. 126 Kulathi v. State of Kerala 3 Kulkarni v, State of Bombay 17 Kumar and Bros. y. Iron and Stcel Controller a7 L Lachman Das y. State of Bombay 68 Lachmandas v. Union of India 305 Lachman Das v. State of Punjab 7 Lakhanlal v. State of Orissa 124 Lakshmi Shankar v. State (Delhi Administration) 271 Lawrence D. Souza v. Bombay State 160 Liberty Cinema v. Cammr., Calcutta Corporation 348 Lila Ram v. Union of India 261 Lily Kurian v. St. Lewing 185 Lindsley v. Natural Carbonic Gas Co. 68 Liver Side vy, Anderson 155 Leo Roy v. Superintendent, District Jail 133 Lokenath Tolaram v. BLN. Rangmani 271 Loknath Misra v. State 69 Lowell v. Griffin 105 M M. Karunanidhi v. Union of India 282 , 338 87 M. B. Namazi vy. Deputy Custodian of Evacuce property M. B.S, Ousbadhalya v. Union of India 348 M.H. Hoskot v. State of Maharashtra 139, 144 M. M. B. Catholics v. T. Paulo Avira 2 M.M Phathak v. Union of India 415 M. R. Dhawan ¥. Pratap Bhanu 266 M. P, Sharma v, Satish Chandra int M.S. M. Sharma v. Sri Krishna Sinha 36 M.S. Jain vy State of Haryana 313 ML Y. Kuriakose v. State of Kerala is? Madan Gopal v. State of Orissa 260 Madan Gopal v. Secretary to Government of Orissa 303 Madhav Rao Sehindia v. Union of India 448 Maganbhai v. Union of India 39 Mahendra Lal Jain v. State of U.P. 63 Mahesh Prasad v. State of UP. 382 Maharashtrs State v. Prabhakar 41g Moahabir Prasad v. Profulla Chandra, 383 261 Mangal Ram y. State of Orica 2xxxil CONSTITUTIONAL LAW OF INDIA Magan Lal Chhaggan Lal (P) Ltd. v. Municipal Corporation of Greater Bombay . Maneka Gandhi v. Union of India Makhan v, State of Punjab Maqboo! Flusain v. State of Bombay Mashkurut Hasan v. Union of India Mark Netto ¥. Goverament of Kerala Mastan Saheb v. Chief Commissioner Mohammed Yasin v. Town Arca Committee Manna Lal v. Collector of Jhalawar Management of D. T, C. v. Majatay Mani Subba Rao v. Ganeshappa Matra ¥. State of U. P. Mathu Naiker v. State of T. N. Mjs Chhotabhai ¥, Union of India Mehtab Singh v. State of M. P. Melbering v, Gerhardt Michael v. State of Bombay Minerva Mills v. Union of India Mineral Development Ltd. v. State of Bihar Mohd. Dastgir ¥. State of Madras Mohd. Hanif Quaresh v. State of Bahar ‘Mad. fshaq v. State Mohammad Reza v, State of Bombay Mohd. Hyas v. State of D, P. Mohd, Yaqub v. State of Jammu and Kashmir Mohd. Yousuf v. State of 3. & K. Mohan Malick v. State of W, 8. Monohar Lal v. State of Punjab Moosa v, State of Kerala Moti Ram v. N. £, Frontier Railway Motiram vy. North Lastern Frontier Railway Monoponier Co. v, City of Los Angeles Motilal v. Unar Pradesh Government Moti Lal y, State of Uttar Pradesh Muller v, Oregon. Monn v, Illinois N N. Vasundara y, State of Mysore N. B, Khare v, State of Punjab ‘Nageshwar y. A. P.S. R. T. Corporation Nageshwara Rao y, Principal Madical College Nainsukhdas v. State of U. P. Nahirwar v, State of M. P, ‘Nagar Rice and Flour Mills v, N. T. G. and Bros Nandini Satpathiv. P. L. Dhan Nar Singh v. State of U. P. Narendra y. B. B, Gujral Narendra Kumar v. Union of India iy 166" 133 BTABLE OP CASES, 1 {Narain Lalv M P Mistry =} Narain Row v Ishwat Lal § Narasimha Rao v State of A P Nav Ratan Laly State of Rajasthan Naziranbai v State of M B New Yorky U S Nsharendu v_ Emperor Nirman Kumar vy Union of India Nisar v Union of India Noor Mohammad v Rex o O K Ghoshy E X Joseph ' OK A Naiy Union of India Om Prakash v Emperor Organt Chemucal Industries v Union of India Onent Weaying Mills y Union of India ? Oudh Sugar Mills Ltd y Union of India P P Balakotiah v Union of India P & O Steam Navigation Co v Secretary of State of Thdia P Raghunadha Rao v State of Orissa P P P R Nada vy Government of A P B M Namboodmpad vy Cochin Devasom Board S Sadasivaswamy v State of Tar! Nadu a P Uka Naram v K Karson P D Shamdasam v Central Bank Padmray Samarendra v State i Parmatma Saran v Chief Justice Pareed Lubha v Nilambaram Pandurangarao v Andhra Pradesh Public Service Commission t Parshadt v U P State Paschim Beng Malbali Cycle Mazdoor Union y Comm ssioner of Police } Pathumma y State of Kerala i 1 Perjakaruppan v State of Tamil Nadu 99 Phanindra Chandra v The King ' Ponnu Swami v Returning Officer *Namakal Powell vy Albama t Prabhant Transport Co-operative Somety ¥ G V Bedekar s Prahlad Krishna v State of Bombay [ Prakash vy Shahoi Prem Nara nv State of U P d t Prem Nath y State of ] & K Pritam Singh v The State Profulla Kumar Mukerjee v Bank of Khuloa i 335 Province of Bombay vw Khushaldas 109 118 In 199 128xxiv CONSTITUTIONAL LAW OF INDIA kaj Kumar v. State of West Bengal... *. t Poub and Haryana High Court y, State of Haryana, y . Puran Lal Lakhar Pal v. Union of India Purshootam Lal Dhingra v. Union of India ; a Q Qasim Rizvi v. State of Hyderabad R .v. Home Secretary Ex parte O° Brien . B. Shah v. D. K. Guha ter, ol .C, Cooper v. Union of India, bog D. Joshi v. Ajit Mills . D. Sugar v. V. Nagasy on. by . H. Hegde v. Market Committee, Sirsir K, M. Ary Dalmia v. Delhi Administration . D.C. v. Union of India R. 8, Deodhar y. State of Maharashtra Radice v. New York Raghubar Dayal v. Union of India Raj Bahadur Singh v. Legal Remembrancer Rajendra Prasady, U.P. Raja Narain Lal v. M. P. Mistry Ray Gash Jute Mills v. Eastern Railway Rajindra Chand y. Mst. Sukhi Raj Bahadur Gohd v. State of Hyderabad Ram Bahadur v. State of Bihar Ram Bali v. State of West Bengal Ram Bax Chaturbhuj y. State of Rajasthan Ram Chandra Palai v. State of Orissa Ram Jawaya Kapur v. State of Punjab Ram Narayan y, Dinapur Cantt, Board fy Ram Chandra v. State of Orissa ‘ Ram Kishore y, Union of India Ram Krishna y,’President, District Board, Nellore Ram Prasad y, State of Ponjab Ram Surat v. Ram Murari Ram Swarup v. Union of India Ram Manohar Lohia Dr. y. State of Bihar ' Ramesh Thappar vy, State of /Madras'» 11 . Ram Kishan Dalmia v. Justice Tendolkar ' Ranchhorlalji y. Revenue Divisional Commissioner ' Ram Krishna Ram Singh v. State of Mysore " Ram Krishna Singh vy. State of Mysore Radhey Shyam v. P. M.G., Nagpur i . Rashid Abmad v. Municipal Board, Kairana . Rami Bion v. State of U, P. » Ranjit D. Udeshi v. State'‘of Maharashtra, Rashid Ahmad v. Income Tax Investigation Commission pape 156 313 163 382 61TABLE OF Cases Xxxy Ramesh Chandra v Principal, B BL College t 179 Rati Lal y State of Bombay 116 Rattan Lal y State of Punsab 132 Rawindra Nath v Union of India 60 Rey Stainislaus v State of M P ‘ 172 Rex v Amit Hussain y n2 Rex v Holiday 155 Reynolds v United States 173 Ridge v Baldvin in Kesavanand Bharti’s case ' 438 Roop Lal vy Union of India #4358 Rukmani Bai v State of M P 265 s S Govinda Menon ¥ Union of India ’ 308 S Krsfhoa Murthy v Generaf Mfanager Souttiern Railway 382 S Mukherjee v State of WB 157 S 1 Corpn (P) Ltd v Secretary, Board of Revenue 348 S K Patroy State of Bihar 183 SK Singhy ¥ V Grn 136 5 K Sakawatv StateofW B * 162 SN Sarkar v Union of India , 157 S$ T Corporation of India y Commercial Tax officer ‘ 47 Sabhaj: Tewari v Union of India 56 Saifuddin Saheb v_ State of Bombay 17$ 175 Saghir Ahmad v State of U P 93, 130,362 378 Saharanpur Municipality vy K Ram + 134 Sayan Singh v State of Rajasthan 187, 433 Sakal Papers Ltd v Union of Incia 105 107 Sampath v State of Madras bpd Sangram Singh v Election Tnbunal, Kotah 264, 305 311, 395 Sanjeeva Naidu v State of Madras 218 Santosh vy Mool Singh 300 Saraswati Industrial Syndicate Ltd v Union of fadix 307 Sardan La) y Union of Indi 220 276 Satwant Singh v Assistant Passport Officer ’ 140 Satya Deo Prasad v State of Bihat 161 Satya Pal Dang v State of Punjab 295 Satyawan y Union of India ' 357 St Xaviers College v State of Gujarat 470 578, Shama Baiy State of U P 167 Shahnad v Mohd Abdullah 87 Shibban Lal v State of U P 157 Shiv Bahadur Singh v State of Vindhya Pradesh, 31 Shiy Charan Singh v_ State of Mysore , 98 Shahoodul Haque v Registrar Co-operative Societies, Bihar 384 Shambhu Nath Sarkar ¥ State of West Bengal 148, Sher Singh v State of MP y 382 Shamsher Singh v State of Punyab 219, 275, 314 Shivaji Nathubhas v Union of India + 2 300aYL Shyam Laly State of U P ' Sheoshankerv M P State Smt Indica Nehru Gandhi v Ray Narain Smt Kalawativ H P State Shankars Prasad ¥ Union of India Shree Meenakshi Muis vy Union of India Sidheswar Gonguly v State of West Bengal Sidbraybhar v State of Gujarat Sri Govindley v State of Rayasthan Srinivas v State of Madras Sn Ram v The Notified Arca Commuttee Sodhi Shamsher v State of Pepsu South Carolinav US Sriniwas Atyer y Saraswathy Ammal Snlal Shaw v State of West Bengal Southern Railway Cov Greene Somavanti v State of Punjab State v South Central Railway State v Podmatoch ' Stateof A PV U § v Balaram State of Assam v Kanak Chandra State of Assam v Labanya Probha State of Assam v Ranga Mohammad State of Bihar v Shaslabala Devi State of Bihar vy Kmuar Amat Singh > State of Bihar v Kameshwar Singh J State of Bihar v SB Mishra State of Bombay v Ali Guishan State of Bombay v Atma Ram “ State of Bombay v Bombay Cducation Society State of Bombay ¥ Kathi Kalu State of Bombay v¥ Bhaty: Munyt State of Bombayy R M DC State of Bombay v F N Balsara State of Bombay ¥ United Motors State of Bombay v Yarasu Bapamalt State of Gujarat v Sti Ambica Mills State of Gujarat vy Ramesh Chandra State of Gujarat ¥ Rampbha: State of Gujarat ¥ Shants Lal Mangaldas State of Harayana y Inder Prakash State of Karnataka y Ranganathan Reddy, State of Karnataka v Union of India State of Kerala v N M Thomas State of Kerala v R Jacob State of Kerala y Mother Provincial State of Keralav T P Rashna State of Karnataka y D Sharma State of M P v Baldeo * StateofM P v Shobbaram ! CONSTITUTIONAL LAW OF INDIA 383 61 59 132 65, 433 126 261 12 176 104 ' 42 61, 191, 368 386 364 159 179, 403 135 364 23 70, 199 62, 444 173 62 314, 389 16 366 301 336 255TABLE OF CASES xaxvil ¢ State of Madhya Pradesh v Bhatlal Bhat 378 Stateof M P v G C Mandawara 307 State of M P v Bharat Singh 122 State of M P v Veereshwar 133 , State of Madras V G Row 58 State of Madras v Champakam Doraurajan 88 | State of Maharashtra v Prabhakar Pandurang 140 , State of Mysore v H Sarjeentah 315 State of Mysore ¥ M K Godgil 385 State of Orissa v Ram Narayan Das 386 State of Orissa v N N Swams 94 State of Orissa vy Sudhansu Shekhar 313 State of Orissa vy Madan Gopal 304 State of Orissa y Bhupendra Kumar 295 State of Punjab v Ayatb Singh 154 State of Punjab vy Bhagat Ram ; ' 179, 198, 388 State of Punjab v Kisban Das 385 State of Punjab v Jogindas Singh 93, 380 State of Punjab v Sukh Raj Bahadur 386 State of Rajasthan v G Chawla 7 } 337 State of Rajasthan v Pratap Singh ; 36 State of Rajasthan v Nath Mal 364 State of Rajasthan v Vidyawats 356 State of Rajasthan v Nathmal , 125 StateofU Py AN Singh 1 382 State of U P vy Mohd Nooh 304, 310 State of U P vy Basti Sugar Mills , 125 State of Utter Pradesh y Kaushalya 121 State of U P v Pradip Tandon , a te 96 State of West Bengal y Anwar Ali r 7 State of West Bengal vy Nripendra Nath Bagchee » 301 State of West Bengal v Subodh Gopal Bose j 362 State of West Bengal y Unton of India 20, 335, 352 State of West Bengal y Mrs Bella Banerjee 364, 365 State of Trav Co v Bombay Co Ltd he 349 State of Trav Co v S V Factory 9 State Trading Corporation of India v Commercial Tax Officer 47 Stockdale v Hansard 316 Sokh Bansh Singh v State of Punyab 5 386 Sukhdev Singh v Bhagatram 55 Sugatha Prasad v State of Kerala 3 Sukbnandan Thakur v State of BibarAEXVI CONSTITUTIONAL LAW OP INDIA r Subedar y State of U P 265 Sukhrana Singh ¥ State of Punjab 383 Sultan Singh v State of Buhar 264 Sunil Kumar vy Government of West Bengal 280 Sunil Batra ¥ Delhi Admuntstration 143 Suraymal Roopchand & Co v State of Rajasthan 398 Sundararamier & Co v State of Andhra Pradesh 131 \ Superintendent, Central Prison v Dr Ram Manohar Lohra 182 Surendra v Nebrakrishna 316 Surya Pal Singh v State of U P 8 Syed Yakoob v Radhakrishnan 310 Syedana Taher v State of Bombay 259 T T Ibrahim v Regional Transport Authonty 124 T C Basappav T Nagappa TKN Rajgopaly T M Karooasidht Tata Engineermg and Locomotive Co ¥ Assistant Commrsstoner Commercial Taxes 304 ‘The Clectricity Board, Rajasthan v Mohan Lal 35 Tata Engineering Co v State af Bibar 190 303, 309 28 104 Tata Iron and Steel Company v State of Bihar 323 Twyford TeaCo v Kerala State 73 Than Singh v Superintendent 259 Thangaraysn ¥ Union of India 359 Tata Engineering & Locomotive Co v State of Bihar 47 Tika Ramp v State of U P 340 Tilokchand Motichand y H B Munstu 190 Trilok Chand ¥ The State 105 Teloki Nath v State of J & K 96, 404 Tarupada v State of West Bengal 153 U U Unichoy1v State of Kerala 125 WOW, Faas lad Gendhn “the U P Government v Sabir Hussain 389 Udat Chand v Shankar Lal 266 + Uyambiv State of U P 55 Umesh v VN Singh 55 * Union of India v Bhanudas ' 421ICTABLE OF CASES =) XXEIX Union of India y Bank of Dhillon 335 Union of indiay Dr S B Kohh 93 Union of India y Gopal Chandra Mishra 253 Union of India y Hafiz Mohd 260 Union of India y Jyats Prakash 259 Union of India y Murasol: 408 ‘Union of India y Satyendra Nath 354 Union of India y Sukumar 131 Union of India y Sankalchand 298 Union of India y Sugrabar 357 Union of India v Metal Corporation 566 Union of India v J N Sinha t 94, 384 Union of India y P K More 94, 381, 386 Union of India y HS Dhillon 335 ‘United States v Ballard 170 United Motors y State of Bombay t 270 United Province y Governor General 255 University of Madras v Govind Rao \ a University of Madras ¥ Shantha Bar 86, 179 Upendra Lal y Narayani Devi ‘ 294 Vv \ G Row v State of Madras ng VJ Ferrerray Bombay Municipality 74 VK Gopalan y State of Madras 37 VK Nambudn v Unton of india 382 VM Syed v State of Andhra 73 VV Ginvy DS Dora 402 Vayaravelu v Special Deputy Collector 186, 3¢5 Vasin v Town Area Committee 65 Vasudeo v State of Mysore 6s Vasudev ¥ Vaman Ji 10 Veera Ibrahim y State of Maharashtra 134 Venkataramana y Union of India 380 Venkataranana Devasu v State of Mysore 174 Venkataraman y State of Madras 97 Vidya Verma v Stivanarsyan 53 Virendra v State of Punjab 105 Virgina v Pires 36 Virudhunagat Steel Rolling Mills v Government of Madras 1 Vashhu Dayal v Site of UP 127: Bly CONSTITUTIONAL LAW OF INDIA Ww W Proost ¥ State of Brhar 2 W&S EN (Povate) Lid v V BN (rate) Lid Wallace v_ Income Tax Commissioner, Bombay Waryam Singh v Amar Nath ‘Wason y Walter Wazir Chand v State of H P ‘West Bengal v Anwar Ali Sarkar , Western India Theatre vy Cantonment Board ¥ Yaguaporushady v Muldas Yusuf Abdul Azz v State of Bombay Yusufalls v State of Maharashtra Zz Zaverbhai v State of Bombay ‘ J 183 123 323 300, 395 » 36 ; 761 } 6 } t — 73 d 3 174 } 1 136 1 3401 Introduction The Twenty-Sixth Jaouary, 1950, was a red letter diy in the long and chequered history of India. For,oa that day the present Constitution of India was brought into force which announced to the world the birth of a new epublic. What isa Constitution.—A Consti ution means a document having a special legal sanctity which sets out the frame-work and the principal functions of the organs of Government of a State and declares the principles governing the operation of those organs.? What is Constitutional Law.—There is no hard and fast definition of Constitutional Law. In the generally accepted use of the term it means the rule which regulate the structure of the priscipal organs of the Government and their relationship to each other, and determine their principal functions, The rules consist both of legal rules in the strict sense and of usages, com- monly called conventions, which without being enacted are accepted as binding by all who are concerned in Government. Many of the rules and practices under which our system of Government is worked are not partof the law in the sense that their violation may lead directly to proceedings ina court of law. Though the constitutional lawyer is concerned primarily with the legal aspects of Government ; there is requited for a constitutional law some knowl- edge of the salient featutes of constitutional history and of the workings of our political institutions,? Historical Background.—Aii Constitutions are the heirsof the past a9 well as the testators of the future.* The very fact that the Constitution of the Indian Republic is the product not of a political revolution but of the research and deliberations of a body of eminent representatives of the people who sought to improve upon the existing systems of administration, makes a retrospect of the constitutional development indispensable for a proper under- standing of this Constitution.* . No one will deny the truth of the above statement that ifany one seeks to study the lau, constitutional or other, of a couatry, a knowledge of the historical process which led to its present form is: indispensable for correct insight and understanding of subject. It is, however, mot necessary to go to any reriod beyond whatis known as the ‘British Period" for the modern political institutions omginated and developed in that period only. The political institutions established by the Hindus in the olden days and by the Muslims in the medieval period have become a thing of the past, and they do not survive in any form in the present days, The British period in the history of India began with the incorporation of East India Company ia the year 1600 in England. Now, let us study the various phases of the growth of ovr Consti- tution from the advent of the English on Sadian shore till this day. We can broadly divide the period as follows : t. 1600—1765 2 17651858 , Wade and Philips—Constitutional Law, Th Edition, p. 4. 4. . . P. 4. ‘ Sennings—Some Characteristics of the Indian Constitation. (1953), p. 56. Basu, 6. D.—Introduction to the Constitution of India, Third edition 1964, p. 3 Sepe2 CONSITTUTIONAL LAW OF INDIA (Char 3, 1858-1919 4. 1919-1947 5. 1947~1950. 1, 1600 TO 1765-THE COMING OF THE SRITISH The Coming of Britlsh —Th: Britishers came to India in 1600 as traders in the form of East Indin Company. Attracted by the staries of the fabulous wealth of India and fortified by the adventurous mar : ity of the Elizabethan era, Englishmen were cager to establish commercial contracts with the East,! To facilitate sucha venture some of the enterprising merchants of London formed themselses into a company, The company secured for it a Charter from Queen Elizabeth in December, 1600. which setiled its constitu- tions, powers and privileges. The Charter vested the managemeat of the company in the hands of a Governor and 24 members who _wete authorised to organise and send ira3ing expeditions to the East India, The Charter granted the company a monopoly of trade with the East. St had authority tu keep an armed naval force for its security. The Charter was granted in the first instance for 15 years and was terminable on two years’ notice. It could be renewed if the interest of the Crown and the peaple were not prejudiciaily affected Fortified with the Charter the company started establishing its trading centres or factories at several places in India. The first settlement of the com- pany was at Surat (1612) which was established as a result of a Royal ‘Firman’ from the Emperor Jebangir granting her land and other concessions. This was followed by Mosutipattam— Madras (1639) and fater at Hariharpur in Maha- nadi Delta (1690). Thus in the course of time the Factories at Bombay, Madras and Calcutta became the chief settlements or presidencies of the company. The administration of these presidencies was cartied on by a President and a Council composed of the servants of the company. During this period except_in case of Bombay which had been ceded with full sovereignty to the British Crown, whetever the English settled they did 0 with the consent of the Indian rulers. The natural consequence of their post tion would have been theic submission to the law of the place. But any how they secured the permission of the local kings to retain their own laws AS Ibert observes: “In India concessions granted by or wrested from native tulers gradually established the company and the Crown as territorial sovereigns in rivalry with other country powers and finally left the British Crown exercis- ing undivided sovereignty throughout British’ India, the Paramount anthony over the subordinate native Siates.> Legislative Power—~The Charter of 1601 granted to the Governor and company the power to make, ordain and constitute such and so many teasonable laws, constitutions, orders and ordinances for the good governance of the company.4 INTROOLCTION 3 Though limited in scopz, but the legislative powers of the company was of great historical importance as itis “the germ out of which the Anglo-Indian Codes were ultimately developed.”’! By the Charters of 1609 and 1661 similar powers were affirmed. The Charter of 1693 makes no mention of legislative powers. The Charter of 1726.—The Charter of 1726 had a great legislative signi- ficance. Hitherto. the legislaiive pow-sr was vested to the Court of Directors ia England. Tacy were oot conversant with the conditions prevailing m India. lt was, therefare, considered desirable to vest law-making power in those who were acquainted with the Indian conditions. Accordingly, the Charter authorised the Governor and Council of the three Presidencies to make, constitute and ordain bye-laws, rules and ordinances for the government of the Com- pany and impose punishments for their contravention. These bye-laws, rules and ordinances and punishments were to be reasonable and not contrary to the laws and statutes of England and they were to be elfective unless approved and confirmed in wnting by the Company's Court of Directors. The Charter also established the Mayor's Courts at Calcutta, Bombay and Madras aad expressly jotroduced English laws into these Presidencies. But the Britishers bad not become a ruling power im India until the second-half of the {8th century. It was still a trading concem. Thereafter, events of great importance took place in the interior of Bengal, It was a period of gradual disiategration of the Moghul Empire. Its last strong Emperor Aurangzeb was dead. Sooa after the death of Aurangzeb the controlling and powerful unifying force that existed in country under the rule of Aurangzeb declined and India became a battleground of rival contesting priacipalities. The East India Company took full advantage of this chaotic situation and gradually established itself as the unrivalicd master of the Iadian sub-Continent. ‘The victory of the Company inthe battle of Plassey in 1757 against Sirajud- daulla, Nawab of Bengal, had laid the foundation of the British Empire in Todia. In 17d5 Shah Alam granted the Diwani,é. e. the responsibility of the collection of revenue to the Company, which automatically involved the administration of civil justice. As Ilbert has said,—""The year 1765 makes a turniog point ia the Anglo-Indian History and may be treated as commenc- ing the period of tertitoriaf savereigaily by the East India Company". The Compacy benceforth theew off the mask of traders and appeared in the truc garb of rulers, 2. 1765TO 1858—BEGINNING OF THE BRITISH RULE Regulating Act of 1773.—The grant of Diwani made the East India Company real masters of Bengal, Bihar and Orissa. As a result of Diwani the company became responsible for the administration of civil justice and collec- tion of fand revenue, Bot it was very difficult for the company—a trading body— to administer this vast tertitory. It did not, therefore, tookover these functions immediately The administration of civil justice and collection of revenue was, therefore, left to Indians. The company, however, appointed two Loeglish officers to supervise the working of this system. This system proved lo be harmful for the country, The Indian officials who were responsible for administration bad no effective power to enforce their decisions. On the other hand, the company’s servants who were res} rulers had no responsibility and they exploited the situation for their selfish ends. They were directly responsible to the Court of Directors in England, The Governors ard Courcillors were aprointed from among senior servants of the Company, They bad manifold business to perform. Under the Governor 3. Wikert—Goverament of tnda, 1915, p- 10.