RAMJILAL Vs. INCOME TAX OFFICER MOHINDAR GARH

JUDGEMENT

(1.) This is an application under Art. 32 of the Constitution for appropriate orders for the protection of what the petitioner claims to be his fundamental rights guaranteed by Arts. 14 and 31. This is said to be a test case for on its decision, we are told, depend the rights of numerous other persons whose interests are similar to those of the petitioner.

(2.) There is no serious controversy as to the facts material for the purpose of this application. They are shortly as follows: On 5-5-1948 the then Rules of eight Punjab States including Patiala and Nabha with the concurrence and guarantee of the Government of India entered into a Covenant agreeing to unite and integrate their territories in one State with a common executive, legislature and judiciary by the name of Patiala and East Punjab States Union, hereinafter compendiously referred to as the Pepsu. By Art. III (6) of the Covenant the then Ruler of Patiala became the first President or Raj Pramukh of the Council of Rulers and he is to hold the office during his lifetime. Article VI of the covenant is as follows:

(3.) Article X provides for the formation of a Constituent Assembly to frame a constitution of a unitary type for the Union within the framework of the Covenant and the constitution of India. This constituent Assembly was also to function as the interim Legislature of the Union until an elected Legislature came into being. The proviso to cl. (2) of that Article runs as follows: