( 1 ) TWO questions have been referred to this Full Bench :

(1) Whether Sections 3, 4 and 6 of the Essential Supplies (Temporary Powers) Act, XXIV [24] of 1946, or any part thereof are ultra vires of the Indian Legislature which passed the Act?

(2) If the provisions of any of these sections be ultra vires, whether that affects the validity of the entire Act or not.

( 2 ) THE Essential Supplies (Temporary Powers) Act, XXIV [24] of 1946 was passed by the central Legislature as it was constituted under the Government of India Act, 1935. Under entries 27 and 29 of List 2 of the Government of India Act trade and commerce within the province and production, supply and distribution of goods were Provincial subjects. By the India (Central government and Legislature) Act, 1946, 9 and 10, George VI, Chap. 39, the Central Legislature was empowered to make laws with respect to trade and commerce in, and the production, supply and distribution of, certain specified goods. In exercise of the power thus conferred on it, the central Legislature passed the Essential Supplies Act for controlling the production, supply and distribution of, and trade and commerce in those goods.

( 3 ) THE o