R BALAKRISHNAN Vs. STATE OF MADRAS

JUDGEMENT

(1.) In these two applications some of the provisions of the Cotton Textiles (Control) Order, 1948, were challenged as being opposed to certain articles of the Constitution of India. This order was made by the Central Government in exercise of the powers conferred by Section 3 of the Essential Supplies (Temporary Powers) Act, 1946. It came into force on 2nd August 1948 in the place of an earlier order of February 1948. Two classes of special officers to work the provisions of this order are contemplated. One is the controller who is the principal officer appointed by a provincial Government for the administration, of the textile control and the other is the Textile Commissioner appointed by the Central Government. This order provides for the control of raw materials and stores as well as cloth and yarn. In these two applications we are only concerned with the provisions relating to cloth and yarn. Clause (12) of the order runs as follows:

(2.) The clause has to be read subject to Clause 33 which provides for exclusion from and modification and relaxation of Its operation. Clause (1) runs as follows:

(3.) Clause 30 confers certain powers on the Textile Commissioner in respect Of the distribution of cloth and yarn. It is in the following terms: