STATE OF ASSAM versus KA BRHYIEN KURKALANG & ORS.

STATE OF ASSAM versus KA BRHYIEN KURKALANG & ORS.

Regulation validly made by Governor under para 19(1)(b) continues to operate unless repealed, and powers conferred by the Regulation (including extension of Acts by notification) survive constitution of District Council; notification extending Excise Act is valid.

Parties
Appellant: State of Assam; Respondents: KA Brhyien Kur.Kalang & Ors.
Jurisdiction
India
Judgment Date
23 November 1971
Procedural Posture
Civil Appeals / Judgment on Appeal From High Court Order
Outcome
appeals allowed
Legal Topics
Sixth Schedule to Constitution, Powers of Governor in Tribal Areas, Conditional Legislation, Delegated Legislation
Constitutional Law Administrative Law Sixth Schedule to Constitution Powers of Governor in Tribal Areas Conditional Legislation Delegated Legislation

Case Brief

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Parties

State of Assam

Appellant

KA Brhyien Kur.Kalang & Ors.

Respondents

Procedural Posture

Civil Appeals / Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether regulations made by the Governor under para 19(1)(b) of the Sixth Schedule to the Constitution continue to operate after constitution of District Council
  2. 2 Validity of notification extending the Eastern Bengal and Assam Excise Act, 1910 to the United Khasi-Jaintia Hills District after District Council was constituted

Ratio Decidendi

Regulation validly made by Governor under para 19(1)(b) continues to operate unless repealed, and powers conferred by the Regulation (including extension of Acts by notification) survive constitution of District Council; notification extending Excise Act is valid.

Court Disposition

appeals allowed

Orders

  • High Court's decision set aside
  • Notification extending Excise Act validated