MODI J.

( 1 ) THIS reference originally came before a learned single Judge and has in turn been made by him to a larger bench.

( 2 ) THE questions referred to this bench for answer are as follows:

(1) Whether Section 2 (i) of the Rajasthan Premises (Control of Rent and eviction) Act, 1950 (Act No. XVII of 1950) as amended by the Amending and Extending Act, 1957 (Act No. 34 of 1957) in so far as it applies to the Cantonment Area of Nasirabad and Section 2 (2) of the said Act which brings into force at once Sections 1 to 4 and 27 to 31 of that Act and authorises the State of Rajasthan to extend the remaining provisions to such areas in that State and from such date as may from time to time be notified by the State Government in the official Gazette in so far as it affects the Cantonment area of Nasirabad is beyond the legislative competence of the Rajasthan State Legislature for the reason that the subject-matter covered by the said Rajastham Act is within the exclusive competence of the Union Parliament by virtue of Article 246 read with entry 3 in list 1 of the 7th schedule of the Constitution of India so far as Cantonment Area of Nasirabad is concerned?

(2) Whether the pr