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TMI Blog1954 (11) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... ancore-Cochin Food Grains (Distribution, Rationing and Movement) Control Order 1950. That Order was made on 21-7-1950 in exercise of the powers conferred on the Government by S. 3, Travancore-Cochin Public Safety Measures Act, 1950 (5 of 1950), a section which has been held to be 'ultra vires' of the Constitution in - 'Lonappen George v. State', AIR 1954 Trav-C 34 (A) and - 'St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Legislature of a State without the previous sanction of the President. and what was held by this Court in the decisions mentioned above was that S. 3, Travancore-Cochin Public Safety Measures Act, 1950, was ultra vires of the Constitution because the said enactment did not comply with the stipulation of the proviso to the effect that no bill or amendment for the purpose of cl. (b) shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The answer to the question as to what exactly is the material date will depend on what exactly is meant by the proviso when it says that no Bill or amendment shall be introduced or moved without the prior sanction of the President. According to the learned Government Pleader what the proviso really stipulates is that no Bill shall be introduced or amendment moved in the Legislature of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a Bill, uses only the latter in respect of an amendment. 6 . It is admitted that if the interpretation urged by the State is accepted it will be possible to introduce a Bill which required no Presidential sanction, get it amended by a Select Committee in such a way as to make it require the Presidential sanction in case it was originally introduced in the amended form and then pass it into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the words of S. 109, Government of India Act, 1935, to the introduction or passing of a Bill or the moving of an amendment . 7. It follows that the two previous decisions of the Court require no re-consideration and that the petitioner must succeed. 8 . The petition is hereby allowed. In the circumstances of the case, however, there will be no order as to costs. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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