( 1 ) THESE are two appeals, one by the State of West Bengal and the other by the Union of India. The appeals are against the judgment and order of Mr. Justice Sabyasachi Mukharji dated the 18th April, 1972.

( 2 ) THE learned Judge held that the Central Reserve Police Force Act, 1949, was ultra vires the Government of India Act, 1935, and as such was not law in force within the meaning of Article 372 of the Constitution. He, therefore, directed the two appellants the Governments or rather the Union of India and the State of West Bengal to forbear from giving effect to the Central Reserve Police Force Act, 1949, in West Bengal and further directed them not to enforce the said Act in the State. He issued a writ in the nature of mandamus accordingly and made the Rule absolute. It is against this judgment that the appeals have been filed. Although there are two separate appeals, they are from the same judgment and order. I, therefore, propose to deal with the questions in the appeals in one judgment.

( 3 ) THE learned Judge also found a point in favour of the respondent No. 1 in these appeals and that is whether he has any locus standi to maintain this applicat