( 1 ) THIS public interest litigation is filed by Jagriti, a non-political, secular and rural development organisation registered under the Societies Registration Act. It claims that its activities extend to a number of villages in Totapalli, Guduru Mandal and Indukurpet Mandal of Nellore District it claims that it runs 100 non-formal educational centres in 63 villages in Nellore and Kavali Divisions. The relief which the petitioner seeks are -- a declaration that Sub-sec. (3) of S. 1 and S. 2 of the A. P. (Andhra Area) Prohibition Act, 1937 and clause (b) of sub-sec. (2) of S. 1 of A. P. Excise Act, 1968, are illegal and void. It seeks a consequential declaration that G. O. Ms. No. 966 Revenue dt. 6-10-1969 and G. O. Ms, No. 989 Revenue dt. 11-10-1969 are void. A further declaration which it seeks is that Ss. 15, 17, 18, 20, 33 and 67 of the A. P. Excise Act, 1968, and the rules made thereunder in so far as they enable the sale of liquor, are violative of Articles 21, 40 and 47 read with Article 245 of the Constitution of India.

( 2 ) THE Andhra Pradesh (Andhra Area) Prohibition Act, 1937 had the effect of rendering the Andhra Pradesh (Andhra Area) Abkari Act, 1886, ineffective by virtue of S. 2 of the former Act. Section 1 (3) of the A. P. (Andhra Area) Prohibition Act, 1937, hereinafter referred to as the prohibition Act provides as follows: "1 (3) (a ). This section and Sections 3 and 6 shall come into force in the whole of the Andhra area of the State of Andhra Pradesh at once. (b)The rest of this Act shall come into force - (i ). . . . . (ii) in any local area in the Andhra area of the State of Andhra Pradesh on such date as the State Government, may, by notification, appoint. Section 2 deals with repeals and reads as follows: "from the date on which the provisions of this Act other than Ss. 1, 3 and 6 came into force in any local area, the enactments mentioned in the Schedule shall cease to be in force in such area to the extent specified in the fourth column thereof: Provided that the State Government may, by notification declare that the provisions of this Act other than Ss. 1, 3 and 6 shall cease to be in force in any local area on such dates as may be specified in the notification and thereupon the enactments mentioned in the Schedule with any subsequent statutory modifications thereof shall revive and come into force in such area with effect on and from such date. Explanation: For the removal of doubts, it is hereby declared that if a notification is issued in pursuance of the foregoing proviso, in respect of any area which formerly formed of the State Banganapalle the enactments mentioned in the Schedule with any subsequent statutory modification thereof shall come into force in such area with effect on and from such date as may be specified in the notification. " The whole of the Andhra Pradesh (Andhra Area) Abkari Act, 1886 is one of the enactments included in the Schedule. The effect of Sec. 1 (3) (b) (ii) is that the State Government has got the power to declare that the provisions of the Prohibition Act other than Sees. 1, 3 and 6 shall cease to be in force in any local area on such dates as may be specified in the notification. The State Government is also given the power to provide by notification that the provisions of the Prohibition Act will come into force in any local area on such date as the State Government may appoint. Counsel submits that this power of bringing into force the provisions of a legislation to any local area in the State is a legislative power and the conferment of such power to apply the provisions of the Act by a notification without taking the legislature into confidence is illegal and unsustainable. He submits that it amounts to excessive delegation and also delegating essential legislative powers. He submits that the proviso to S. 2 also suffers from the same infirmity -- in that the Government is given power to declare by notification that provisions of the Prohibition Act o

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