MANGAL SINGH V. UNION OF INDIA
In Re Mangal Singh, AIR 1967 SC 944
- What is the validity of the formation of a new State under Article 2 to 4 of the Indian Constitution?
- Powers invested in the Parliament by Arts. 2 and 3, is power to admit, establish, or form new States which conform to the democratic pattern envisaged by the Constitution; and the power which the Parliament may exercise by law is supplemental, incidental or consequential to the admission, establishment or formation of a State as contemplated by the Constitution, and is not power to override the constitutional scheme under Article 4.
- The Punjab Reorganisation Act, 1966 was enacted with the object of reorganizing the State of Punjab.
- The Act was challenged as “illegal and ultra vires of the Constitution” on diverse grounds in a writ petition filed in the High Court of Punjab.
- It was contended that the Act violates the mandatory provisions of Art. 170(1) of the Constitution and on grounds of denial of equality.
- The High Court rejected the petition.
- In appeal to the Supreme Court, the appellants contended that (i) Constitution of the Legislative Assembly of Haryana by s. 13(1) of the Act which departs from the minimum membership prescribed to the State Legislative Assembly violates the mandatory provisions of the Art 170(1) of the Constitution; and (ii) by enacting members of the Legislative Council of the old State residing in the Union Territory of Chandigarh shall continue to sit in the Legislative Council in the new State of Punjab and by enacting that the members elected to the Legislative Council from the Haryana area shall be unseated, there was denial of equality.
- The Supreme Court dismissed the appeal.
- The Supreme Court held that no state can be formed, admitted or set up by law under Article 4 by Parliament which does not have effective legislative, executive or judicial organs. Thus before creating such a State the legislative, executive, and judicial organs for that state should be set up.
- Power to reduce the total number of members of the
Legislative Assembly below the minimum prescribed by Art. 170(1) is implicit in the authority to make laws under Art. 4 of Constitution. Such a provision is undoubtedly
an amendment of the Constitution, but by the express provision provided in Art. 4(2),no such law which amends the First and the Fourth Schedule or which makes supplemental, incidental and consequential provision is to be deemed an amendment of the Constitution for, purposes of Art. 368. The Constitution also contemplates by Art. 4 that in the enactment of laws for giving effect to the admission, establishment or formation of new States or alteration of areas and the boundaries of those States power to modify provisions of the Constitution in order to tide, over a temporary difficulty may be exercised by the Parliament.