Judgment

GAJENDRAGADKAR, C.J.I. : (for self and other Judges except Sarkar, J.) :

This is Special Reference No. 1 of 1964 by which the President has formulated five questions for the opinion of this Court under Article 143 (1) of the Constitution. The said Article authorises the President to refer to this Court questions of law or fact which appear to him to have arisen or are likely to arise and which are of such a nature and of such public importance that it is expedient to obtain the opinion of the SC upon them. Article 143 (1) provides that when such questions are referred to this Court by the President, the Court may, after such hearing as it thinks fit, report to the President its opinion thereon. In his order of reference made on the 26th March, 1964, the President has expressed his conclusion that the questions of law set out in order of reference are of such a nature and of such public importance that it is expedient that the opinion of the SC of India should be obtained thereon.

2. It appears that on the 14th March, 1964, the Speaker of the Legislative Assembly of Uttar Pradesh administered, in the name of and under the orders of the said Legislative Assembly (hereinafter re