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1960 Supreme(Raj) 82

SARJOO PROSAD, DAVE, CHHANGANI
State of Rajasthan – Appellant
Versus
Shamlal – Respondent


Advocates Appeared:
G.C. Kasliwal, Advocate General; R.A. Gupta, Deputy Govt. Advocate; V.P. Tyagi, C.L. Agarwal, D.K. Soral, and R.K. Rastogi, for Respondents

Sarjoo Prosad, C.J.—This special Bench was constituted on a reference made to me by a Division Bench of this Court presided over by Modi and Bhandari JJ. As the order of reference shows, the learned Judges were "not agreed on the proper interpretation to be put on Art. 295(2) of the Constitution in view of the opinions expressed" in their respective judgments. They, however, were pleased to formulate the point of reference as follows—

"Whether the expression Government of the corresponding Indian State used in Art. 295(2) of the Constitution with reference to Rajastnan properly means the Government of the United State of Rajasthan which was the only Indian State in existence at the time of the commencement of the Constitution or it also includes the Government of any of the Covenanting States which had integrated with the United State before the Constitution came into operation?"

Having had the benefit of perusing the judgments of the learned Judges making the reference and the advantage of hearing elaborate arguments of the learned Advocate General and the counsel appearing for the parties, I confess that I have felt considerable difficulty in answering the point formulated. The dif





































































































































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