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december 1961

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.

N. MASTHAN SAHIB vs CHIEF COMMISSIONER, PONDICHERRY · Niyam