Supreme Court of India · 1960-10-03
MADHAORAO PHALKE vs THE STATE OF MADHYA BHARAT
- Citation / case number
- SC 1954/90242
- Court
- Supreme Court of India
- Petitioner
- MADHAORAO PHALKE
- Respondent
- THE STATE OF MADHYA BHARAT
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Judgment text excerpt
The Supreme Court held that the Kalambandis of 1912 and 1935, which recognized the hereditary military pension (Bachat) granted by the Rulers of Gwalior, constituted 'existing law' under Article 372 of the Constitution. The Court ruled that the right to receive the pension could not be terminated by an executive order, as both executive orders and legislative commands from absolute monarchs hold the same force of law. The decision of the High Court was overturned, affirming the appellant's right to the pension.