Judgment

Kania, C.J.I.- This is a suit filed on 15th January 1950 under the original Jurisdiction of the Federal Court as it was functioning before the Constitution of India came into force on 26th January1950. The State of Seraikella was a State in Orissa and its Ruler was Raja Aditya Pratap Singh Deo. On 16th August 1947, the plaintiff State acceded to the Dominion of India by virtue of an Instrument of Accession executed by its Ruler and accepted by the Governor-General of India under Section 6, Government of India Act, 1935. After reciting that under the Indian Independence Act,1947, the Dominion of India was set up and that under the Government of India Act, 1935, as adapted, it provided that an Indian State may accede to the Dominion of India by an Instrument of Accession, the Instrument stated that the Raja acceded to the Dominion of India and that he accepted that the matters specified in the Schedule to the Instrument were the matters with respect to which the Dominion Legislature may make laws for the State. The three principal heads mentioned in the Schedule to that instrument were Defence, External Affairs and Communications, with particulars detailed under each of thos