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april 1976

Supreme Court of India · 1976-04-28

UNION OF INDIA vs PREM KUMAR JAIN & ORS. ETC.

Citation / case number
SC 1969/60223
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
PREM KUMAR JAIN & ORS. ETC.
Bench
SHINGAL, P.N.

Judgment text excerpt

The Supreme Court held that Union Territories are included in the definition of 'State' under Section 3(58) of the General Clauses Act, 1897, and thus can be considered 'States' for the purposes of Article 312 of the Constitution and the All India Services Act, 1951. The Court overturned the High Court's decision that deemed the creation of a joint cadre for Union Territories illegal, affirming that the Central Government's orders were valid. The judgment clarified that the President had the authority to adapt laws to align with constitutional provisions post the Seventh Amendment.

UNION OF INDIA vs PREM KUMAR JAIN & ORS. ETC. · Niyam