Judgment

S. K. DAS, J. : This is an appeal on a certificate granted by the High Court of Bombay under Art. 132 (1) of the Constitution, and the question involved in the appeal is the true scope and effect of Art. 3 of the Constitution, particularly of the proviso thereto as it stands after the Constitution (Fifth Amendment) Act, 1955.

2. On 22-12-1953, the Prime Minister of India made a statement in Parliament to the effect that a Commission would be appointed to examine "objectively and dispassionately" the question of the re-organisation of the States of the Indian Union "so that the welfare of the people of each constituent unit as well as the nation as a whole is promoted". This was followed by the appointment of a Commission under a resolution of the Union Government in the Ministry of Home Affairs, dated 29-12-1953. The Commission submitted its report in due course and on 18-4-1956, a Bill was introduced in the House of the People (Lok Sabha) entitled the State Reorganisation Bill (No. 30 of 1956). Clauses 8, 9 and 10 of the said Bill contained a proposal for the formation of three separate units, namely, (1) Union territory of Bombay; (2) State of Maharashtra including Maratha