Supreme Court of India · 1972-02-08
ISHWAR DAS MALHOTRA vs UNION OF INDIA AND OTHERS
- Citation / case number
- SC 1971/60265
- Court
- Supreme Court of India
- Petitioner
- ISHWAR DAS MALHOTRA
- Respondent
- UNION OF INDIA AND OTHERS
- Author
- SIKRI, S.M. (),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
- Bench
- SIKRI, S.M. (CJ),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
Judgment text excerpt
The Supreme Court held that the Jammu and Kashmir (Extension of Laws) Act, 1956, validly extended the Delhi Special Police Establishment Act, 1946, to Jammu and Kashmir despite Delhi ceasing to be a Part C State on November 1, 1956. The Court emphasized that the Central Government had the authority to issue a notification under Section 1(2) of the Extension Act, which allowed the impugned Act to come into force. The judgment reaffirmed that the executive power to execute a valid law persists even if the legislative power to create that law has lapsed, and that the notification does not need to be simultaneous with the Act's effective date.