Supreme Court of India · 1960-03-16
SARWARLAL AND OTHERS vs THE STATE OF HYDERABAD
- Citation / case number
- SC 1956/33
- Court
- Supreme Court of India
- Petitioner
- SARWARLAL AND OTHERS
- Respondent
- THE STATE OF HYDERABAD
- Author
- SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,GUPTA, K.C. DAS,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Hyderabad (Abolition of jagirs) Regulations and the Hyderabad jagirs (Commutation) Regulation, affirming that the Nizam had absolute authority to delegate legislative powers. The Court ruled that the doctrine of colourable exercise of legislative power does not apply where there are no constitutional restrictions on the legislature's authority. Furthermore, it held that the impugned Regulations were pre-Constitutional and exempt from challenges under Article 32(B). The High Court's decision rejecting the appellant's petition was affirmed.