BADAL CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The following interesting question has been raised in this petition-whether laws which were applicable to the Union Territory of Tripura prior to its formation as a State on 21st January, 1972 automatically continue to apply in the newly formed State of Tripura or some special order in this behalf is required to be passed? The State of Tripura was formed in terms of the North-Eastern Areas (Reorganisation) Act, 1971 (for short, the Act). Prior to its being of 2005 established as a State, Tripura was a Union Territory. Reference may be made to Sections 77, 79, 80 and 81 of the Act which reads as follows:

(2.) As far as Section 77 of the Act is concerned it provides that notwithstanding the establishment of newly constituted State, the law which was applicable to a territory prior to the constitution of the State will continue to apply in the newly established State. As far as Tripura is concerned, no territories was deleted or added to the Union Territory of Tripura when the new State of Tripura was constituted. The entire Union Territory of Tripura was- established as the State of Tripura- Therefore, reading of Section 77 of the Act establishes that the law which was in applicable to the Union Territory of Tripura shall be construed as meaning territory of Tripura and, therefore, shall continue to apply in the State of Tripura.

(3.) On behalf of the petitioner, it was contended by Mr. Somik Deb that the State in terms of Section 79 of the Act must issue an order adapting the laws and unless such order of adaptation is passed, the old laws would only apply for a period of 2(two) years and thereafter they would cease to apply. At first blush, this argument is attractive but on a closer examination of Section 79 of the Act it is found to be without force. As rightly contended by Sri B.C. Das, learned Advocate General, Section 79 contemplates a situation where the Executive can within a period of two years from the establishment of the State make such adaptation and modifications to the existing law which it feels necessary or expedient so to do. The Parliament in it's wisdom decided that since new States were being constituted, these States might have their own particular problems and the executive should be given the right of legislation for a period of two years. Normally the legislative right vests in the legislature except the power of issue of ordinances. However, by Section 79 of the Act the Executive has been given the power to make adaption and modification in the law for a period of two years.