Constitutional abrogation and natural justice in jagir succession: quasi-judicial decisions required a fair hearing.

The prior covenant giving the Rajpramukh exclusive jurisdiction over jagir succession disputes was treated as abrogated by the Constitution, so that jurisdiction did not revive through the State's general executive power. The validating Ordinance was read as retrospectively creating a forum for such disputes and validating decisions made under it, including by the Rajpramukh, but not as excluding judicial review under Article 226. When deciding succession under the Ordinance, the Rajpramukh was regarded as a quasi-judicial tribunal bound to afford a fair hearing. Because no personal hearing was given, natural justice was not satisfied and the order recognising succession was liable to be set aside.

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Issues: Whether the Rajpramukh's order recognising succession to the jagir could stand after the Constitution came into force and, in any event, whether the order was liable to be quashed for want of a hearing before a quasi-judicial authority under the validating Ordinance.

Analysis: The prior covenant provision conferring exclusive jurisdiction on the Rajpramukh to decide succession disputes was held to have been abrogated by the Constitution, and the general executive power of the State did not revive that jurisdiction. The validating Ordinance was construed as retrospectively creating a forum for such disputes and validating decisions made in them, including decisions of the Rajpramukh, but not as converting the matter into a purely executive act immune from judicial review under Article 226. The Rajpramukh, when deciding succession under the Ordinance, was treated as a quasi-judicial tribunal and was required to observe the minimum requirement of fair hearing. As no personal hearing had been given to the applicant before the impugned order, the principles of natural justice were not satisfied.

Conclusion: The order recognising succession was liable to be set aside, and the applicant was entitled to be heard afresh in the manner contemplated by the Ordinance.

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