Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1960

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.

SARWARLAL AND OTHERS vs THE STATE OF HYDERABAD · Niyam