Judgment

HIDAYATULLAH, C.J.I. :- These appeals arise from two petitions under Article 226 of the Constitution questioning the validity of Punjab Ordinance I of 1968 promulgated by the Governor of Punjab & Haryana on March 13, 1968 and Punjab Appropriation Acts Nos. 9 and 10 of 1968. A Full Bench of the High Court of Punjab & Haryana consisting of Mehr Singh, C. J., and Capoor, Harbans Singh, Mahajan and Bedi, JJ., held unanimously that the two Acts were unconstitutional and, by majority, that the Ordinance was also unconstitutional. The High Court certified the cases under Articles 132 and 133 (1) (c) of the Constitution and the State of Punjab appeals. The relevant facts were these :

2. At the Fourth General Elections Congress won 43 seats in the Legislative Assembly which has a membership of 104. The other parties (none of which had a majority in the House) combined and formed the United Front Party. A Ministry was formed under Sardar Gurnam Singh. Some of the respondents here were Minister and members supporting the Ministry. Lt. Cot. Joginder Singh Mann and Dr. Baldeo Singh were elected Speaker and Deputy Speaker respectively.

3. On November 22, 1967, 18 members of United Front P