1960 (3) TMI 58 - SC - Indian Laws

Summary

Issues Involved:
1. Whether legislative authority was conferred upon the Military Governor by the Farman dated September 19, 1948.
2. Whether the legislative authority delegated to the Military Governor was circumscribed by any limitations or reservations.
3. The legality of the Abolition Regulation and the Commutation Regulation.
4. Whether the Regulations infringed upon the fundamental rights of the appellant under the Constitution.

Issue-wise Detailed Analysis:

1. Legislative Authority Conferred Upon the Military Governor:
The primary issue was whether the Farman dated September 19, 1948, conferred legislative authority upon the Military Governor. The Court held that "by the plain words used in the Farman, 'all authority for the administration of the State was conferred upon the Military Governor' and there is nothing in the text of the Farman which warrants the view that only executive authority was intended to be delegated thereby." The Farman encompassed the entirety of the sovereign authority, including legislative, executive, and judicial powers. The explanatory Farman dated August 7, 1949, further clarified that the authority included the power to make Regulations.

2. Limitations or Reservations on the Delegated Authority:
The Court examined whether the delegation of authority to the Military Governor was subject to any limitations. It concluded that "the Military Governor was invested with all authority of His Exalted Highness the Nizam in the matter of administration of the State in all its departments." The sovereignty of the Nizam was not extinguished by this delegation, and he retained the power to issue contrary orders or Regulations. However, there was no evidence that the Nizam had withdrawn the Military Governor's authority or issued any inconsistent orders before the Abolition Regulation was promulgated.

3. Legality of the Abolition Regulation and the Commutation Regulation:
The appellant challenged the validity of the Abolition Regulation and the Commutation Regulation, claiming they amounted to "naked confiscation of the property" and were a "colourable and fraudulent exercise of legislative power." The Court rejected these claims, stating that the Military Governor's authority was unrestricted, and his actions could not be challenged on the grounds of legislative competence. The Court noted, "a statute enacted by a legislative authority whose powers are not fettered by any constitutional or other limitations, cannot be declared invalid as enacted in colourable exercise of its powers."

4. Infringement of Fundamental Rights:
The appellant argued that the Regulations infringed upon his fundamental rights under the Constitution. The Court dismissed this argument, noting that the rights of the appellant as a jagirdar were extinguished by pre-Constitution legislation. The Constitution does not operate retrospectively to revive rights extinguished before its enactment. Furthermore, the Abolition and Commutation Regulations were included in Schedule IX by the Constitution (First Amendment) Act, 1951, and were exempt from challenge on the grounds of inconsistency with fundamental rights by virtue of Article 31(B).

Conclusion:
The appeal was dismissed with costs, affirming the legality of the Abolition Regulation and the Commutation Regulation. The Court held that the Military Governor had the authority to promulgate these Regulations, and they did not infringe upon the appellant's fundamental rights under the Constitution. The companion appeal, Civil Appeal No. 686 of 1957, raising the same issues, was also dismissed with costs.