BABULAL PARATE Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This is an appeal on a certificate granted by the High Court of Bombay under Art. 132 (1) of the Constitution, and the question involved in the appeal is the true scope and effect of Art. 3 of the Constitution, particularly of the proviso thereto as it stands after the Constitution (Fifth Amendment) Act, 1955.

(2.) On 22-12-1953, the Prime Minister of India made a statement in Parliament to the effect that a Commission would be appointed to examine "objectively and dispassionately" the question of the re-organisation of the States of the Indian Union "so that the welfare of the people of each constituent unit as well as the nation as a whole is promoted". This was followed by the appointment of a Commission under a resolution of the Union Government in the Ministry of Home Affairs, dated 29-12-1953. The Commission submitted its report in due course and on 18-4-1956, a Bill was introduced in the House of the People (Lok Sabha) entitled the State Reorganisation Bill (No. 30 of 1956). Clauses 8, 9 and 10 of the said Bill contained a proposal for the formation of three separate units, namely, (1) Union territory of Bombay; (2) State of Maharashtra including Marathawada and Vidharbha; and (3) State of Gujerat including Saurashtra and Cutch. The Bill was introduced in the House of the People on the recommendation of the President, as required by the proviso to Article 3 of the Constitution. It was then referred to a Joint Select Committee of the House of the People (Lok Sabha) and the Council of States (Rajya Sabha). The Joint Select Committee made its report on July 16, 1956. Some of the clauses of the Bill were amended in Parliament and on being passed by the both Houses, it received the President's assent on 31-8-1956, and became known as the States Reorganisation Act, 1956 (37 of 1956) hereinafter called the Act.

(3.) It is necessary to read here S. 8(1) of the Act which instead of constituting three separate units as originally proposed in the Bill constituted a composite State of Bombay as stated therein: