PIRTHI SINGH Vs. STATE OF PEPSU

JUDGEMENT

(1.) This order will dispose of the 36 petitions under Article 226, or Article 227 or both, of the Constitution of India mentioned in the list attached at the end. The main point urged by the Petitioners is that the Farman-i-Shahi No. 11 of 11-3-1947 promulgated, and Notification No. 33 of 2-9-1948 issued by the ruler of the erstwhile Patiala State had lapsed and the subsequent Ordinances and Act made by the Rajpramukh of the Patiala and East Punjab States, Union to which reference shall be made hereafter and by which the said Farman-i-Shahi was amended from time to time, were void, inoperative and unconstitutional

(2.) In order to be able to understand the position taken up by the Petitioners and appreciate the arguments advanced on their behalf it is necessary to refer in brief to the historical background of the formation of the Patiala & East Punjab States Union. On the passing of the Indian Independence Act, 1947 (Nos. 10 and 11, -George-VI C/13) in July, 1947, the Sub-Continent of India constituting the British Indian Empire became divided into two dominions, India and Pakistan. According to Section 7, Clause (b) of the Act the suzerainty of His Majesty over the Indian States lapsed and with it all Treaties and agreements in force at the date of the passing of the Act between His Majesty and the rulers of Indian States etc., but the proviso to the Section laid down that effect shall as nearly as may be, continue to be given to the provisions of any agreement, etc., that existed between His Majesty and the Rulers of the States and which related to Customs, Transit Communications, Posts and Telegraphs, or other like matters until they were denounced by the Rulers. The Act also authorised the Governor-General of India to make the Government of India Act, 1935, applicable to India with such omissions, additions, adaptations' and modifications as he may by order specify. When the Government of India Act, 1935, was adopted by the Governor-General and provision was made for the Indian States to accede to the Dominion of India,' the Rulers of Patiala and the other Punjab States acceded to the Dominion with respect to Defence, External Affairs and Communications. Later on, on 20-8-1948 these States formed themselves in to the Patiala & East Punjab States Union by virtue of the Covenant that the Rulers of the States had entered into on 5-5-1948 with the concurrence and guarantee of the Government of India. The preamble to the Covenant reads as be-low:

(3.) This article also made a provision for., election of one of the members of the Council to be the President and another to be the Vice-President and provided that "the President and the Vice-President so elected shall be Rajpramukh and Up-Rajpramukh of the Union."