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october 1967

Supreme Court of India · 1967-10-30

T.M. KANNIYAN vs INCOME-TAX OFFICER, PONDICHERRY AND ANR.(With Connected Pe

Citation / case number
SC 1967/101
Court
Supreme Court of India
Petitioner
T.M. KANNIYAN
Respondent
INCOME-TAX OFFICER, PONDICHERRY AND ANR.(With Connected Pe
Author
WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Bench
WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.

Judgment text excerpt

The Supreme Court upheld the validity of the Tax Laws (Extension to Union Territories) Regulation, 1963, enacted by the President under Article 240 of the Constitution. The Court clarified that the President's power to make regulations for 'peace, progress and good government' is broad and includes the authority to amend or repeal existing laws applicable to Union territories. It was established that Parliament has plenary power to legislate for Union territories under Article 246(4), and the definition of 'State' in Section 3(58) of the General Clauses Act, 1897, does not limit this power. The Regulation was thus affirmed as having the same force as an Act of Parliament.

T.M. KANNIYAN vs INCOME-TAX OFFICER, PONDICHERRY AND ANR.(With Connected Pe · Niyam