1954 (11) TMI 58

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....s impugned in this petition were taken under the provisions of the Travancore-Cochin Food Grains (Distribution, Rationing and Movement) Control Order 1950. That Order was made on 21-7-1950 in exercise of the powers conferred on the Government by S. 3, Travancore-Cochin Public Safety Measures Act, 1950 (5 of 1950), a section which has been held to be 'ultra vires' of the Constitution in - &....

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....hat no Bill or amendment for the purpose of cl. (b) shall be introduced or moved in the Legislature of a State without the previous sanction of the President. and what was held by this Court in the decisions mentioned above was that S. 3, Travancore-Cochin Public Safety Measures Act, 1950, was ultra vires of the Constitution because the said enactment did not comply with the stipulation of the ....

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....tate's contention has to be accepted and that the former view cannot be sustained. 5. The answer to the question as to what exactly is the material date will depend on what exactly is meant by the proviso when it says that no "Bill or amendment shall be introduced or moved" without the prior sanction of the President. According to the learned Government Pleader what the proviso really stipu....

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.... phraseology, which though it employs both the words "introduced" and "moved" in relation to a Bill, uses only the latter in respect of an amendment. 6 . It is admitted that if the interpretation urged by the State is accepted it will be possible to introduce a Bill which required no Presidential" sanction, get it amended by a Select Committee in such a way as to make it require the Presidentia....