Supreme Court of India · 1961-12-08
N. MASTHAN SAHIB vs CHIEF COMMISSIONER, PONDICHERRY
- Citation / case number
- SC 1961/133
- Court
- Supreme Court of India
- Petitioner
- N. MASTHAN SAHIB
- Respondent
- CHIEF COMMISSIONER, PONDICHERRY
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that Pondicherry was not part of the territory of India as per Article 1(3) of the Constitution, and the Union Government's answer to this question was binding on the Court. The Court clarified that while administrative control had been transferred to India, this did not equate to a transfer of territory without ratification of the Treaty of cession. Consequently, the Court ruled that no appeal could be entertained under Article 136 against decisions of authorities in Pondicherry, and the issuance of a writ under Article 32 was not applicable for certain reliefs sought.