A. R. BAKSHI, P. N. BHAGWATI, J.

( 1 ) THIS petition challenges the validity of certain provisions of the Gold Control Rules 1963 On 26th October 1962 simultaneously with the Declaration of Emergency under Article 356 of the Constitution the President promulgated the Defence of India Ordinance 1962 Pursuant to sec. 3 of the Defence of India Ordinance the Central Government made the Defence of India Rules 1962 The Defence of India Ordinance was subsequently repealed by the Defence of India Act 1962 on 12th December 1962 but by virtue of the saving provision the Defence of India Rules were continued in force. The Defence of India Act was passed as its Preamble shows to provide for special measures to ensure the public safety and interest the defence of India and civil defence and for trial of certain offences and for matters connected therewith. Sec. 3 sub-sec. (1) read as follows :-3 (1) The Central Government may by notification in the Official Gazette make such rules as appear to it necessary or expedient for securing the defence of INDIA and civil defence the public safety the maintenance of public order or the efficient conduct of military operations or for maintaining supplies a

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