P.B.GAJENDRAGADKAR, N.RAJAGOPALA AYYANGAR, K.N.WANCHOO, K.C.DAS GUPTA, A.K.SARKAR
N. Masthan Sahib And S. Reddiar: N. Masthan Sahib And S. Reddiar – Appellant
Versus
Chief Commissioner, Pondicherry – Respondent
Judgment
AYYANGAR, J. (for self, Gajendragadkar and Wanchoo, JJ.) : In compliance with our directions the two questions were forwarded to the Union Government and they submitted their answers to them in the following terms :
"Question No. (1)-Whether Pondicherry which was a former French Settlement is or is not at present comprised within the territory of India as specified in Article 1(3) of the Constitution by virtue of the Articles of the Merger Agreement dated October 21, 1954, between the Governments of India and France and other relevant agreements, arrangements, acts and conduct of the two Governments.
Answer-The French Settlement (Establishment) of Pondicherry is at present not comprised within the territory of India as specified in clause (3) of Article 1 of the Constitution by virtue of the Agreement dated the 21st October, 1954, made between the Government of France and the Government of India or by any other agreement or arrangement. By the aforesaid Agreement, dated the 21st October, 1954, the Government of France transferred, and the Government of India took over, administration of the territory of all the French Establishments in India, including Pondicherry, with effec
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