EDWINGSON BAREH versus STATE OF ASSAM AND OTHERS

EDWINGSON BAREH versus STATE OF ASSAM AND OTHERS

The Governor is empowered under Paragraph 1(3)(c) of the Sixth Schedule to create a new autonomous district by public notification, provided the procedure, including appointment and consideration of a Commission's report, is properly followed. The exercise of this power is effective by itself and does not require confirmation or independent Parliamentary legislation to be operative. The mandatory provisions of Paragraph 14 were sufficiently complied with as the Governor considered the Commission's report and agreed with its recommendations.

Parties
Appellant: Edwingson Bareh; Respondent: State of Assam and others
Jurisdiction
India
Judgment Date
29 November 1965
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Assam and Nagaland High Court, Civil Rule No. 286 of 1964
Outcome
Appeal dismissed with costs, majority judgment; dissent by Hidayatullah, J.
Legal Topics
Governor's Powers Under Sixth Schedule, Creation of Autonomous Districts, Amendment of Schedule by Parliament, Compliance With Mandatory Provisions
Constitutional Law Administrative Law Governor's Powers Under Sixth Schedule Creation of Autonomous Districts Amendment of Schedule by Parliament Compliance With Mandatory Provisions

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Parties

Edwingson Bareh

Appellant

State of Assam and others

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Assam and Nagaland High Court, Civil Rule No. 286 of 1964

Legal Issues

  1. 1 Does Paragraph 1(3) of the Sixth Schedule empower the Governor to create a new autonomous district without Parliamentary legislation?
  2. 2 Was the mandatory procedure under Paragraph 14 of the Sixth Schedule complied with in issuing the Notification?

Ratio Decidendi

The Governor is empowered under Paragraph 1(3)(c) of the Sixth Schedule to create a new autonomous district by public notification, provided the procedure, including appointment and consideration of a Commission's report, is properly followed. The exercise of this power is effective by itself and does not require confirmation or independent Parliamentary legislation to be operative. The mandatory provisions of Paragraph 14 were sufficiently complied with as the Governor considered the Commission's report and agreed with its recommendations.

Court Disposition

Appeal dismissed with costs, majority judgment; dissent by Hidayatullah, J.

Orders

  • Appeal dismissed
  • Respondent State to bear costs throughout (per dissenting opinion)