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1954 Supreme(Raj) 89

BAPNA, SHARMA
Sadaria – Appellant
Versus
Rajasthan Board Of Revenue – Respondent


Advocates Appeared:
P.N. Dutt for petitioners; K.S. Hajela, Advocate General; D.M. Bhandari, for Respondent No. 2

Per BAPNA J.—

The power conferred on the Raj Pramukh to make laws is conferred by Art. 385 of the Constitution and the mode of exercise of that power of given in Art. 212A of the Constitution. Any irregularity in the mode of exercise of that power will not, invalidate the law made and promulgated by the Raj Pramukh in the exercise of the power which he undoubtedly had. The notification dated 14th June, 195I, having been made with the approval of the Raj Pramukh, who had power to legislate, was a valid extension of 21st June, 1951. (Para 14)

In Part B States where the legislative authority was other than the Raj Pramukh himself, the provisions of preparing the Bill and declaring the assent, or withholding the assent, or reserving the Bill for the consideration of the President could be literally followed. In the ease of Rajasthan, where both the functions, of preparation of a Bill and giving consent were to be performed by the Raj Pramukh any legislation promulgated by the Raj Pramukh would be good legislation., even if the formalities required for preparation of a Bill and then declaring the assent were not in the form in which enactments are usually made where the legislative power



























































































































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