Administrative Action and the Need for Legislation

-Administrative Law -

Maganbhai Ishwarbhai Patel and Etc. V. Union of India

AIR1969SC783

Statement of Facts

The Constitution of India, Art. 1 defines the "territory of India" as including the territories of the States; and the States and 'the territories thereof are as specified in the First Schedule. Article 3 enables Parliament by law to alter the boundaries of the existing States and it includes the power to increase the area of any State or diminish the area of any State. The power to legislate in respect of treaties lies with the Parliament by virtue of entries 10 and 14 of List I of Seventh Schedule, namely, "Foreign affairs; all matters which bring the Union into relation with any foreign country" and "entering into treaties and agreements with foreign countries and implementing of treaties, agreements and conventions with foreign countries". Article 253 provides that Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Article 73 lays down that the executive power of the Union 'shall extend to "the matters with respect to which Parliament has power to make laws' and to "the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue 'of any treaty or agreement".

With the enactment of the Indian Independence Act, 1947, and the lapse of Paramountcy of the Crown the State of Kutch merged with the Dominion of India. The territory was constituted into a Chief Commissioner's Province and under the Constitution the territory became a Part C State. Its extent was determined by Part C to Sch. 1 of the Constitution as "territories which by virtue of an order made under s. 290A of the Government of India Act, 1935, were immediately before the commencement of the Constitution being administered as if they were...