(1.) There is no impediment in or restriction on the power of the Chief Justice in the matter of constitution of Benches or Full Benches and that power is an administrative power vested in him for proper constitution of Benches for purposes of disposal of the cases before the Court had for proper purposes of disposal of the cases before the Court and for proper functioning of the Court in the interests of the administration of justice.
(2.) The principle underlying sub-clause (3) of Art. 16 should equally apply in interpreting the provisions of Art. 35, sub-clause (a) and (b) : and judged by that test, the only possible conclusion is that the mulki rules cannot be regarded as a law which continues in force today.
(3.) Per A.D.V. Reddy, J. - Though the Mulki Rules in (Sic) far as they relate to Clauses 1(a) and (3) of Rule 39 contained (Sic) Regulations promulgated in obedience to the Nizam's Farmana dated 26th Ramzan 1337-H (18-6-1919) relating to the appointments to the superior and inferior service in the Nizam's domiaions continued to be valid after the coming into force of the Constitution on 26-1-1950, they ceased to be good law on 1-11-1956 consequent on the formation of Andhra Pradesh State and even if they are to be considered to be valid after 1-11-1956, they stood repaled under Sec. 2 Act XLIV of 1957 and did not revive by reason of the Supreme Court striking down part of Sec. 3 of that Act relating to Telangana in A.V.S.N. Rao Vs. State of Andhra Pradesh (1) and that consequently Mulki Rules are no longer valid law.
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