AIR 1953 PEPSU 161

Pepsu High Court

Hon'ble Judge(s): Teja Singh , C.J. AND Kesho Ram Passe , J

(A) Covenant dated 5-5-1948 between Rulers of Patiala and other Punjab States - Art.10(2) Proviso (as amended by Covenant dated 3-4-1949) - Validity. Independence Act (1947) (10 and 11 Geo. VI (30)) , S.7— The Rulers of the Covenanting States did not deprive themselves of the powers to alter, amend or even to abrogate the first Covenant and accordingly the second Covenant entered into by them on 9-4-1949 was not 'ultra vires' of the Rulers. This means that the Farman-i-Shahi 11 of 11-3-1947 remained a good law for the whole Union and so did the Ordinances Nos.23 and 36 of 2006 that were promulgated before the Constitution of India came into force. The amending Act 4 of 2007 was enacted by the Rajpramukh before the competent Legislature for the Union came into existence and as he had power to do so under Art.385 of the Constitution, it was properly made. AIR 1953 Pepsu 1 and AIR 1952 Madh B 57 (FB), Rel. on.(Para 12) (B) Constitution of India , Art.19, Art.31— Deprivation of right. When an enactment deprives a person of a right, it cannot be regarded as the law placing restrictions upon the enjoyment of that right. Case law Rel. on.(Para 17) (C) Constitution of India ....