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TMI Blog1966 (11) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... d State were transferred to the Union territory of Himachal Pradesh; the territory known as Chandigarh in Kharar tahsil was constituted into a Union territory; and the remaining territory was divided between the new State of Punjab and the Haryana State. The old State of Punjab had a bi-cameral Legislature with 154 members in the Legislative Assembly and 51 members in the Legislative Council. Under s. 13 of the Act as from November 1, 1966, the Legislative Assembly of the new State of Punjab consists of 87 members. and the Haryana Legislative Assembly consists of 54 members. The new State of Punjab has also a bi-cameral Legislature. Out of the original membership of 51. 16 members whose names are set out in the Seventh Schedule to the Act c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the members elected to the Legislative Assembly of the old State of Punjab to the Haryana area Legislative Assembly on November 1, 1966, is a temporary provision. Constitution of the Legislative Assembly of Haryana on November 1, 1966, is, it is contended, violative of Art. 170 of the Constitution. In terms Art. 170 enacts that a Legislative Assembly shall be constituted by members chosen by direct elections from territorial constituencies, and that the Assembly shall consist of not more than five hundred and not less than sixty members. But Art. 170 is not the only provision having a bearing on the constitution of a Legislative Assembly. By Art. 2 the Parliament may by law admit into the Union or establish new States on such term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lative, executive and judicial organs of the State essential to the effective State administration under the Constitution, expenditure and distribution of revenue, apportionment of assets and liabilities, provisions as to services, application and adaptation of laws, transfer of proceedings and other related matters. On the plain words of Art. 4, there is no warrant for the contention advanced by counsel for the appellants that the supplemental, incidental and consequential provisions, which by virtue of Art. 4 the Parliament is competent to make, must be supplemental, incidental or consequential to the amendment of the First or the Fourth Schedule. The argument that if it be assumed that the Parliament is invested with this wide power it m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e State of Nagaland, and fixes notwithstanding anything in this Constitution for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may, on the recommendations of the regional Coun- cil, by public notification specify in this behalf the membership of the Legislative Assembly at 46. Power of the Parliament to make amendments in the Constitution by express enactment so 'as to reduce the number of members of a Legislative Assembly below the minimum prescribed having regard to the exigency of a special case may not be denied. But the Constitution also contemplates by Art. 4 that in the enactment of laws for giving effect to the admission, establishment or formation of ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rh still continue to be members of the new Punjab Legislative Council, and that such discriminatory treatment of members from the Haryana region amounted to denial of equality.In the affidavit on behalf of the Union of India it was submittedthat because Chandigarh is to be the capital of the existing Stateof Punjab and will continue to be the seat of new Government of the Punjab, the members from Chandigarh were admitted as members of the Legislative Council of the new State of Punjab,that the provision was consequential and incidental to the main provision constituting the State of Punjab, and that in theevent, the appellants were not persons aggrieved by the so-called discriminatory treatment. By Art. 171(3) of the Constitution members ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India, that members belonging to the Union territory of Chandigarh will be members of the new Punjab Legislative Council, and members from the Haryana State territory will be unseated. Whether in unseating the members from Haryana area and allowing the members from the Chandigarh area to continue, a valid classification is made on the ground that Chandigarh is the capital of the two States need not detain us, because we are of the view that no discrimination by unseating members from the Haryana area can be deemed to be practised against the appellants of which they can complain. The appellants were not sitting members of the Legislative Council of the old State of Punjab and no personal right of the appellants is infringed by unseatin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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