Supreme Court of India · 1951-10-04
JOYLAL AGARWALA vs THE STATEUNION OF INDIA-- Intervener.BICH
- Citation / case number
- SC 1950/67
- Court
- Supreme Court of India
- Petitioner
- JOYLAL AGARWALA
- Respondent
- THE STATEUNION OF INDIA-- Intervener.BICH
- Bench
- KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA
Judgment text excerpt
The Supreme Court ruled that the Essential Supplies (Temporary Powers) Act, 1946, was validly extended to the District of Darjeeling without the need for a fresh notification, as the Governor's notification did not specify a particular period for its applicability. The Court held that the Act remained in force in Darjeeling as long as it was in force in the rest of India, and the powers of the Houses of Parliament were vested in the Constituent Assembly post-Indian Independence Act, 1947. Additionally, the Court clarified that there was no delegation of legislative power involved, as the Legislature had determined the Act's duration.