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Issues Involved:
1. Jurisdiction of the Supreme Court of India to entertain appeals and writ petitions from Pondicherry. 2. Status of Pondicherry as part of the territory of India. 3. Applicability of Article 136 and Article 32 of the Constitution of India. 4. Extent of the jurisdiction exercised by the Union Government over Pondicherry. 5. Enforceability of Supreme Court orders under Article 142. Issue-wise Detailed Analysis: 1. Jurisdiction of the Supreme Court of India to entertain appeals and writ petitions from Pondicherry: The appeals and writ petitions were filed seeking the setting aside of orders passed by the Chief Commissioner of Pondicherry under the Motor Vehicles Act. The preliminary point raised was whether the Supreme Court had jurisdiction to entertain these appeals and petitions. The Court noted that it must first consider its jurisdiction before addressing the merits of the contentions raised. 2. Status of Pondicherry as part of the territory of India: The main contention was whether Pondicherry was part of the territory of India. The Court referred to Article 1(3) of the Constitution, which defines the territory of India. The Union Government's response to the Court's query stated that Pondicherry was not part of the territory of India as specified in Article 1(3) by virtue of the Agreement dated October 21, 1954, between the Governments of India and France. The administration of Pondicherry was transferred to the Government of India, but it was not considered an acquisition of territory. 3. Applicability of Article 136 and Article 32 of the Constitution of India: Article 136(1) allows the Supreme Court to grant special leave to appeal from any judgment, decree, determination, sentence, or order in any cause or matter passed by any court or tribunal in the territory of India. Since Pondicherry was not part of the territory of India, the Court held that it had no jurisdiction to entertain the appeals. Regarding Article 32, which allows the Supreme Court to issue writs for the enforcement of fundamental rights, the Court noted that its jurisdiction was not limited to authorities within the territory of India but extended to those under the control of the Government of India. 4. Extent of the jurisdiction exercised by the Union Government over Pondicherry: The Union Government exercised full jurisdiction over Pondicherry in executive, legislative, and judicial matters under the Foreign Jurisdiction Act, 1947. The Government of India made all arrangements for the civil administration, defense, and foreign affairs of Pondicherry. The Government of France did not exercise any executive, legislative, or judicial authority since the Agreement dated October 21, 1954. 5. Enforceability of Supreme Court orders under Article 142: Article 142(1) states that the Supreme Court's orders are enforceable throughout the territory of India. The Court noted a potential anomaly between its powers under Article 32 and the enforceability of its orders under Article 142. If Pondicherry was outside the territory of India, the Court's orders could not be directly enforced against the authority in Pondicherry. The Court considered it inappropriate to issue a writ in such a case, as it would be ineffective. Conclusion: The Supreme Court concluded that Pondicherry was not part of the territory of India and, therefore, it had no jurisdiction to entertain the appeals. The writ petitions also failed for the same reason. The Court suggested that the Government of India could take appropriate action under the Foreign Jurisdiction Act or by Parliamentary Legislation to remedy the situation and provide an adequate remedy for the inhabitants of Pondicherry. The appeals and writ petitions were dismissed, with the parties bearing their respective costs.
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