1966 (11) TMI 88 - SC - Indian Laws

Summary

Issues:
1. Constitutionality of the Legislative Assembly of Haryana under the Punjab Reorganisation Act, 1966.
2. Validity of the provision regarding the composition of the Legislative Council under the same Act.

Detailed Analysis:
1. The judgment addressed the constitutionality of the Legislative Assembly of Haryana under the Punjab Reorganisation Act, 1966. The Act reorganized the State of Punjab by transferring territories and adjusting legislative bodies. The contention was that the constitution of the Legislative Assembly of Haryana violated Art. 170(1) of the Constitution. However, the Court held that the power granted to Parliament under Art. 2 and 3 allowed for alterations in the formation of new states, including temporary provisions like those in s. 13(1) of the Act. The Court emphasized that the power to reduce the total number of members below the minimum prescribed by Art. 170(1) was implicit in the authority to make laws under Art. 4, and such provisions were not deemed amendments to the Constitution for the purposes of Art. 368.

2. The judgment also analyzed the validity of the provision regarding the composition of the Legislative Council under the Punjab Reorganisation Act, 1966. Sections 20 and 22 of the Act dealt with the constitution of the Legislative Council, specifying the number of representatives and the status of sitting members. The Court noted that adjustments had to be made in the membership of the Legislative Council post-reorganization. The Parliament adopted an ad hoc approach, unseating members from certain areas while allowing others to continue based on practical considerations. The Court found that no discrimination was practiced against the appellants, as their personal rights were not infringed by the adjustments made. The Court highlighted that the composition of the Legislative Council was based on various criteria, including nominations and indirect elections, rather than territorial constituencies, and the adjustments were made to align with the reorganization of the states.

In conclusion, the Supreme Court upheld the constitutionality of the Legislative Assembly of Haryana under the Punjab Reorganisation Act, 1966, and deemed the adjustments in the composition of the Legislative Council as valid and non-discriminatory. The appeal was dismissed, and costs were awarded against the appellants.