This appeal was preferred by the State of Ajmer, bat after the reorganisation of States, the State of Rajasthan stands substituted for the former State. It was filed against the decision of the Judicial Commissioner of Ajmer, who certified the case as fit for appeal to this Court under Article 132 of the Constitution.
Entry No. 31 of the Union List – Post and Telegraphs; Telephones, wireless, broadcasting and other like forms of communication.
Entry No. 6 of the State List – Public health and sanitation, hospitals and dispensaries.
The attention of the learned Judicial Commissioner was apparently not drawn to entry No. 1 of the State List, which is to the following effect: Entry No. 1 of the State List – Public order (but not including the use of naval, military or air forces of the Union in aid of civil power. Shri H.J. Umrigar relied upon the last Entry either alone, or in combination with entry No. 6 of the State List, and we are of opinion that he was entitled to do so.
“It must inevitably happen from time to time that legislation, though purporting to deal with a subject in one list, touches also on a subject in another list, and the different provisions of the enactment may be so closely intertwined that blind adherence to a strictly verbal interpretation would result in a large number of statutes being declared invalid because the legislature enacting them may appear to have legislated in a forbidden sphere. Hence the rule which has been evolved by the Judicial Committee whereby the impugned statute is examined to ascertain its ‘pith and substance’, or its ‘true nature and character’, for the purpose of determining whether it is legislation with respect to matters in this list or in that.”
This dictum was expressly approved and applied by the Judicial Committee in Prafulla Kumar Mukherjee v. Bank of Commerce, Ltd., Khulna [(1947) LR 74 IA 23] and the same view has been expressed by this Court on more than one occasion. It is equally well settled that the power to legislate on a topic of legislation carries with it the power to legislate on an ancillary matter which can be said to be reasonably included in the power given.
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