Tuesday, 10 November 2015

Whether Farman-i-Shahi issued by erstwhile princely state of patiala are valid law?

 It is worth noticeable that Article 372(1) clearly provides that "all law in force in the territory of India immediately before the commencement of this Constitution shall continue in force "therein" until altered or repealed or amended...". Thus, if a law which was in force in the territory of India immediately before the commencement of this Constitution and is not inconsistent with Part-III of the Constitution, shall continue in force in that area only until it is amended or repealed etc. The legislative exercise undertaken by Parliament under Article 3 of the Constitution in varying the boundaries of a State or affecting their  area or name etc. shall have no bearing on the applicability of such law within that old area. Farman-i-Shahi as a valid law, it being consistent with Part-III of the Constitution, continues to operate within the area of its original jurisdiction, namely, the area of erstwhile PEPSU State.(para 147)
Punjab-Haryana High Court
State Of Punjab Etc vs Mahant Jatinder Dass (All Cases ... on 10 April, 2015
Citation;AIR 2015(NOC)1098 P&H
Read full judgment here; click here
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