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

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

From November 1, 1956, by virtue of Article 372A and the Adaptation of Laws (No. 1) Order, 1956, 'State' includes Union Territories for the purposes of the All India Services Act and Constitution Article 312 and related rules; hence, the creation of a joint IAS cadre for Union Territories was not ultra vires.

Parties
Appellant: Union of India; Respondents: Prem Kumar Jain & Ors.
Jurisdiction
India
Judgment Date
28 April 1976
Procedural Posture
Civil Appeal / Appeal by Certificate From Delhi High Court Judgment Dated September 25, 1969 in Civil Writ Petition No. 405 of 1968 and Connected Petitions Nos. 478 to 487 of 1968
Outcome
Appeal allowed
Legal Topics
Interpretation of 'state' Under Constitution, Validity of Cadre Rules for Union Territories, All India Services Regulation
Administrative Law Constitutional Law Interpretation of 'state' Under Constitution Validity of Cadre Rules for Union Territories All India Services Regulation

Case Brief

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Parties

Union of India

Appellant

Prem Kumar Jain & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Certificate From Delhi High Court Judgment Dated September 25, 1969 in Civil Writ Petition No. 405 of 1968 and Connected Petitions Nos. 478 to 487 of 1968

Legal Issues

  1. 1 Whether Union Territories are 'States' for the purpose of Article 312 of the Constitution and the All India Services Act, 1951
  2. 2 Whether constitution of a joint IAS cadre for the Union Territories was valid

Ratio Decidendi

From November 1, 1956, by virtue of Article 372A and the Adaptation of Laws (No. 1) Order, 1956, 'State' includes Union Territories for the purposes of the All India Services Act and Constitution Article 312 and related rules; hence, the creation of a joint IAS cadre for Union Territories was not ultra vires.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Delhi High Court dated September 25, 1969 set aside
  • Writ petitions dismissed