HARI SWARUP, J. :- The following question of law was referred by a Division Bench for the opinion of the larger Bench.

"Whether the Bengal Army Regulation Governor General Order No. 179 dated September 12, 1836 continues to be law in force in India even after the enforcement of the British Statutes (Application to India) Repeal Act, 1960 (Act No. LVII of 1960) ?

The question had arisen in the writ petitions filed to challenge the notices of resumption issued by the Union of India exercising the right of resumption under the grants on the basis of which the petitioners, according to the respondents, were holding the lands.

2. The action is being taken in exercise of the power under the Governor General Order No. 179 dated September 12, 1836. The Order does not indicate the source of power. The source of power can, however, be traced to the Government of India Act, 1833. Section 43 of this Act provided that the said Governor-General in Council shall have the power to make Laws and regulations for repealing, amending or altering any laws and regulations whatever now in force. The Preamble of Order No. 179 of September 12, 1836 provides that by rescinding the various Orders in f