Judgment

HEGDE, J.:- The President of India promulgated a proclamation of emergency on October - 26, 1962 in exercise of the powers conferred on him by Clause (l) of Article 352 of the Constitution of India. As the Parliament was not in session at that time, the President promulgated the Defence of India Ordinance on the same day (Ordinance No IV of 1962). That Ordinance was published in the Gazette of India Extraordinary on that very day. In pursuance of the powers given by the said Ordinance, Defence of India Rules 1962 were framed (to be hereinafter called the "Rules") The Ordinance in question was replaced by the Defence of India Act 1962 (Act 1 of 1962). That Act came into force on December 12, 1962. The "Rules" framed earlier were continued under that Act

2. By a notification published in the Gazette of India on January 9, l963. the "Rules" were amended by incorporating therein Part XII-A The same is called as "Gold Control Rules, 1963." Rule 126 (I) of those rules required every person not being a dealer to make a declaration within 30 days from the commencement of Part XII-A of the "Rules" or within such period as the Central Government by notification specify, to the adminis