BAPNA, J.—This is a petitioner under Art. 226 of the Constitution of

India challenging the validity of the Rajasthan Government Order dated the 31st May, 1952. That order is as follows :—

"HOME DEPARTMENT.

Notification

Jaipur, 31st May, 1953.

No. F. 3(35) Police—A/52. Whereas the Rajpramukh is satisfied that the area shown in the schedule annexed here to has been found to be in a disturbed and dangerous state :

Now, therefore, in the exercise of the authority vested in him under sec. 15(1) of the Police Act (V of 1861),the Rajpramukh is pleased to declare that the 24 villages included in the said schedule shall be deemed to be disturbed area for a period of six months from the date of this notification.

Under sub-sec. 2 of the said sec. 15 of the Police Act (V of 1861) the Rajpramukh is pleased to authorise the Inspector General of Police to employ, at the cost of the inhabitants of the said area any Police force in addition to the ordinary fixed complement quartered therein.

Under sub-sec. 5 of sec. 15 of the said Act the Rajpramukh is further pleased to exempt the Harijan and Muslim inhabitants of these villages from liability to bear any portion of the cost on account of the posting of the additional Police force.

By order of

His Highness the Rajpramukh,

Sd/- Bhajan Lal Chaturvedi,

Secretary to the Government.

Village of Udaipurwati, District Jhunjhunu

(1) Udaipur, (2) Indarpura, (3) Chirana, (4) Jhajhar. (5) Dhamora, (6) Khirod, (7) Nagal, (8) Chhapoli, (9) Pachlangi, (10) Papra, (11) Surpura, (12) Sana, (13) Bagoli, (14) Gurha, (15) Ponkh. (16) Newri, (17) Chanwra, (18) Deeppura, (19) Kishorepura, (20) Titanwar, (21) Chhoasari, (22) Baragaon, (23) Gudha, (24) Jakhal."

2. It was mentioned in the petition that the Police Act No. V of 1951 had not been brought into force in Rajasthan. At the time of arguments, however, the argument was modified and it was urged that the order of the Rajpramukh dated the 18th July, 1950 published in the Raj Patra dated the 19th July, 1950 was not issued by a competent authority. It may be pointed out that various Central Laws were applied to the State of Rajasthan by Ordinance No. 4 of 1950 promulgated by His Highness the Rajpramukh on the 24th of January, 1950 and sec. 4 empowered the Rajpramukh to add to the Schedule containing the Acts applied to Rajasthan. This schedule did not contain the Police Act at the time, but by order of the 18th July, 1950, referred to above, the Rajpramukh added Central Act V of 1861, namely the Police Act, to the list of the laws applicable to Rajasthan. It was conceded that under Art. 385 of the Constitution Rajpramukh was authorised to make laws for the State of Rajasthan as the legislature of the State contemplated under the Constitution had not been constituted. The notification issued by the Rajpramukh enforcing the Police Act in Rajasthan by his order dated the 18th July, 1950 is therefore valid.

3. It was next argued that sec. 15 of the Police Act was not valid as it offended against Art. 14 of the Constitution in as much as sub-sec. (5) of the Act empowered the State Government to exempt at its pleasure any persons or class or section of the inhabitants from liability to pay any portion of the the costs of the additional police quartered in that area. The learned Government Advocate referred to the last clause of sub-sec. (1) of sec. 15 of the Police Act where the Government is authorised to increase the number of police on account of the conduct of the inhabitants of any area or of any class or section of the inhabitants of that area and contended that in the case covered by that clause it was but reasonable to exempt such inhabitants or class or section of such inhabitants who were not responsible for the conduct which may have necessitated the increase in the Police force. The contention of the learned Government Advocate is not without force and we are not inclined to hold that sub-sec. (5) of sec. 15 of the Police Act offends against Art. 14 of the Constitution.

4.

Click Here to Read the rest of this document