M.C.MAHAJAN, VIVIAN BOSE, SYED M.FAZAL ALI, M.PATANJALI SASTRI, H.J.KANIA, B.K.MUKHERJEE, S.R.DASS
IN RE (ART. 143, Constitution OF INDIA AND DELHI LAWS ACT 1912) – Appellant
Versus
Union of India – Respondent
Judgment
KANIA C. J, J.
( 1 ) THIS is a reference made by the President of India under article 143 of the Constitution asking the courts opinion on the three questions submitted for its consideration and report. The three questions are as follows:- ` (1) Was section 7 of the Delhi Laws Act, 1912, or any of the provisions thereof and in what particulars or particulars or to what extent ultra vires the Legislature which passed the said Act ?` Section 7 of the Delhi Laws Act, mentioned in question, runs as follows :-- `the Provincial government may, by notification in the official gazette, extend with such restrictions and modifications as it thinks fit to the Province of Delhi or any part thereof, any enactment which is in force in any part of British India at the date of such notification. ` ` (2) Was the Ajmer Merwara (Extension of Laws) Act, 1947, or any of the provisions thereof and in what particular or particulars or to what extent ultra vires the Legislature which passed the said Act ?` Section 2 of the Ajmer-Merwara (Extension of Laws) Act, 1947, runs as follows:-- extension of Enactments to Ajmer-Merwara.--The central government may, by notification in the official gazette, ex
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