DHARAM DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) W. P. (C) No. 276/2001 filed on June 22, 2002, lays challenge to the constitutional validity of the Indian Council of World Affairs Ordinance, 2001 (No. 3 of 2001), promulgated by the President of India on May 8, 2001, in exercise of the powers conferred by clause (1) of Article 123 of the Constitution of India. During the pendency of this petition the Ordinance came to be replaced by an Act of Parliament, namely, the Indian Council of World Affairs Act, 2001 (Act No. 29 of 2001), which came into force w.e.f. September 1, 2000. On 19-10-2001, W. P. (C) No. 543/2001 was filed laying challenge to the constitutional validity of this Act. Both the petitions have been filed under Article 32 of the Constitution of India and respectively allege the Ordinance and the Act to be violative of Articles 14, 19(1)(a), 19(1)(c) and 300A of the Constitution.

(2.) In the year 1943, the Indian Council of World Affairs was formed by about 50 distinguished eminent public personalities as a non-official, non-political and non-profit organization. On March 31, 1945, the Association was registered as a society under the Societies Registration Act, 18[60] The principal object of the Society, as set out in the Memorandum of Association, was to promote the study of Indian and International questions so as to develop a body of informed opinion on world affairs and Indian relation thereto through study, research, discussion, lectures, exchange of ideas and information etc., with other bodies in India and abroad engaged in similar activities. The activities of the Society were housed in a building known as Sapru House. Sapru House has come up on a land of about 2 acres situated at No. 1, Barakhamba Road, New Delhi, given on lease by the Government of India sometime in the year 1950-[51] Sapru House has a library with a collection of books mainly on international affairs, an auditorium for holding seminars and discussions, a conference room and other office accommodation. The Society was receiving grants from the Government of India from 1974 until the year 1987, whereafter the grant has been discontinued.

(3.) On June 30, 1990, the President of India promulgated an Ordinance whereby a statutory body known as the Indian Council of World Affairs was constituted, having perpetual succession and a common seal, with power to hold and dispose of property both movable and immovable. The constitutional validity of this Ordinance was put in issue by filing a writ petition before the High Court of Punjab and Haryana at Chandigarh, registered as Civil Writ Petition No. 9120 of 1990. A learned single Judge of the High Court vide judgment dated September 10, 1990, allowed the writ petition, holding the Ordinance to be ultra vires of the Constitution of India, violating Articles 14, 19(1)(a) and 19(1)(c) thereof and also beyond the legislative competence of the Parliament. The Union of India filed a letters patent appeal against this judgment of the learned single Judge. The letters patent appeal came up for hearing before a Division Bench of the High Court on October 22, 1990. It was brought to the notice of the Division Bench that the Ordinance promulgated on June 30, 1990 had lapsed on September 19, 1990, as the Bill seeking to replace the Ordinance by an Act of Parliament could not be passed. The Division Bench formed an opinion that the letters patent appeal had become infructuous and directed the same to be dismissed without any adjudication on merits.