STATE OF MADHYA PRADESH Vs. LAL BHARGAVENDRA SINGH

JUDGEMENT

(1.) This appeal arises out of a suit filed on August 10, 1956 by Shri Lal Saheb Bhargavendra Singh, now deceased and represented by his legal representatives, against the Union of India, the State of Vidhya Pradesh, now merged in the State of Madhya Pradesh, and the Collector of Satna, for a declaration that he was entitled to receive an allowance of Rs. 650 per month from the Union of India. There was another claim but that depended on the declaratory relief claimed and need not, therefore, be referred to further. Shri Lal Saheb was the brother of the Ruler of the former Indian State of Nagod and he contended that the Ruler had by a law passed on March 7, 1948 provided for a allowance for him at the rate of Rs. 650 per month and that that law was binding on the defendants who had by an executive order illegally altered the amount of the maintenance. It was on this basis that the claim was made. The suit was dismissed by the trial Court but was decreed by the High Court of Madhya Pradesh on appeal by the plaintiff. Hence this appeal.

(2.) Certain events that took place after March 7, 1948 when the allowance was fixed have now to be stated. On March 18, 1948, the Ruler of Nagod along with the Rulers of various neighbouring ruling States formed a new State called the Unit of State of Vidhya Pradesh into while the component States were merged thereby losing their sovereign status. Thereafter the United State merged in India by an agreement and pursuant thereto the Government of India took its administration on January 1, 1950. Its territories then became the Indian province of Vidhya Pradesh. The United State ceased to exist. On the promulgation of the Constitution on January 26, 1950 the Province of Vidhya Pradesh became a Part C State of Independent India and later from November 1, 1956 it was merged with the State of Madhya Pradesh.

(3.) By the agreement constituting the United State all laws in force in the constituent States were continued in force and likewise the laws of the United State were by a statutory order continued in force when it merged in India. Article 372 of the Constitution continued in force all laws which were in force in the territories of India immediately before the commencement of the Constitution. Each succeeding State could, of course, alter the laws which were so continued in force in spite of the change of sovereignty, by a law duly made by it. Neither the United State nor the Indian province of States which successively; administered the territories of the State of Nagod had made any law concerning any allowance to be paid to Shri Lal Saheb The Rajpramukh (the head) of the United State and the President of India had passed orders from time to time fixing his allowance at amounts lower than that at which it had been fixed by the Ruler of Nagod on March 7, 1948. These were, however, executive orders and not laws. They could not reduce the amount of allowance to Shri Lal Saheb fixed by the Ruler of Nagod on March 7, 1948, if he had done so by a law. All this is not in controversy.