NAINAR SUNDARAM
Lily Thomas – Appellant
Versus
State of T. N – Respondent
The prayer in the writ petition is for the issue of a writ of declaration, declaring that S.12-B of the Tamil Nadu Payment of Salaries Act (XX of 1951), hereinafter referred to as the Act, is illegal and unconstitutional being ultra vires the State Legislature and on these grounds the petitioner further wants this court to strike down the same.
2. The petitioner, who appeared in person, is an advocate practising in the Supreme Court of India, Delhi. The question raised in this writ petition was argued on merits without adverting to the competency of the petitioner to maintain the writ petition. The Act is apparently a post-Constitutional statute. Mrs. Lily Thomas, the petitioner has no grievance with reference to the enacting of the Act and she would concede that the Act is perfectly valid having the sanction of Arts.186 and 195 of the Constitution of India, read with Entry 38 of List II of the Seventh Schedule. The above constitutional provisions stand extracted as follows :-
"186. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as m
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