The judgment establishes the principle that executive power is limited by the subjects on which the State Legislature can make laws, and highlights the need for authority of law, reasonableness, and adherence to fundamental rights in exercising such power.

N.K. Jain, J.

1. All these petitions have been heard as connected matters and are being disposed of by this common order.

2. In all these petitions, the petitioners who are arm dealers, call in question the State Government Circular dated 4-10-99 (marked Annexure P-2 in all the petitions) whereby it is directed that before any arm is sold, by an arm dealer, he shall ask the purchaser licencee to produce 'No Objection Certificate' from the Licencing Authority certifying the genuineness of his licence.

3. I have heard Sarvashri A.H, Khan, S.S. Samvatsar and Smt. S. Waghmare, learned counsel for petitioners; and Prakash Verma, Government Advocate for respondents.

4. The petitioners seek to impugn the Circular (Annexure P-2) on the ground that it is without any authority of law besides being unreasonable and arbitrary in nature. It is also violative of their fundamental right to carry business or trade, it is further submitted. As against it, learned Government Advocate has streneously defended the impugned circular and it is submitted that the circular has been issued in exercise of executive power of the State Government with a view to prevent sale of fire arms to unauthorised persons who may purchase the arms on the basis of forge or fake licences.

5. The impugned order is obviously issued by the State Government in exercise of their executive power. This power is vested in the State Government by Article 154 of the Constitution which provides that the executive power of the State shall be vested in the Governor and shall be exercised by him..... in accordance with the Constitution. The expression 'executive power' is very wide and connotes the residue of governmental functions that remain after the legislative and judicial functions are taken away. It includes acts necessary for carrying out the administration of the State. These powers of the State executive, are however, co-extensive with the legislative power of the State Legislature. This limitation in exercise of executive powers, is contained in Article 162 which provides that subject to the provisions of the Constitution, the executive power of the State shall extend to the matters in respect of which the State Legislature of the State has power to make laws. Thus the power extends to the matters with respect to which the Legislature of a State has authority to make laws i.e., the subjects enumerated in List I-State List and List II-Concurrcnt List of the VIIth Schedule of the Constitution.

6. Subject relating to arms, firearms, ammunition and explosives falls within Union List at Item No. 5. The State Legislature has, therefore, no power to make law in respect of any matter relating to arms, firearms and ammunitions. That being so, the State Government or its authorities also cannot exercise their executive power in any such matter relating to that subject (of arms etc.). The Arms Act and the Rules made thereunder are the laws made by the Central Parliament and the Union Government in exercise of their power under Article 246 read with List I of Schedule VII of the Constitution. So, the executive power in respect of the subject covered by these laws can be exercised only by the Union Government.

7. True, the Arms Act and the Rules made thereunder, confer certain powers and also imposes certain duties upon the State Government authorities in certain matters such as grant of licences and their revocation etc., in respect of which the State Legislature cannot make laws. Such powers can be exercised and duties be performed only within the framework of the Act and the Rules and not their beyond. Such power, observed the Supreme Court in Bishamber Dayal (AIR 1982 SC 33), "can be exercised only by authority of law and not by a mere executive fiat or order". In the instant case, the impugned order issued by the State Government, has no such authority of law. Firstly it is issued with respect of a subject about which the State Legislature cannot make law thus, attracting the limi