# MANGAL SINGH & ANR v. UNION OF INDIA

- **Citation:** [1967] 2 S.C.R. 109
- **Court:** Supreme Court of India
- **Decided:** 1966-11-17
- **Bench:** K. SUBBA RAo, ]. C. Shah, S. M. Sikri, V. Ramaswami, C. A. Vaidialingam
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mangal-singh-anr-v-union-of-india-3963
- **Pages:** 7

## Headnote

Constitution of India, Arts. 4, 170(1)-State Legislative AssemblyMinimum membership prescribed-Reduction
if violates Art. 170(1)-
Legislative Council-Unseating of nv.nnbers elected from area con.rtituted
having unicameral Legislature.
Punjab Reorganisation Act (31 of 1966), ss. 13, 20 and 22-Validity.
The Punjab Reorganisation Act. 1966, carved out of the old State of
Punjab two new States, Punjab and Haryana, transferred some areas. to
Himachal Pradesh and constituted Chandigarh,
a territory of the old
State, into a Union territory. The old State had a bi-<:ameral Legislature
and so also has the new Stlte of Punjab; but that of Haryana is to be unicameral. Under the Act the Legislative Assembly of Haryana is to consist
of only 54 members; members of the Legislative Council oi the old State
belonging to Haryana area are unseated, while those members residing _in
the Union Territory of Chandigarh continue to be members of the Legislative Council of that new State of Punjab. The appellants, none of whom
was a sitting member of the Legislative Council of the old State, challenged
tite legality of the Act in a writ petition, which the High Court rejected.
In appeal to this Coun, the appellants contended that (i) Constitution of
the Legislative Assembly of Haryana hr. s. 13 (I) of the Act which departs
from the miaimum membership prescribed to the State Legislative Assembly violates the mandatory provisions of the Art. 170(1) of the Constitution; and (ii) by enacting that members of the Legislative Council of the
old State residing in the Union Territory of Chandigarh shall continue to
sit in the Legislative Council in the new State of Punjab and by enacting
that the members elected to tho Legislative Council from the Haryana ar<a
shall be unseated, there was denial of equality.
HELD : The appeal must be dismissed.
(i) Power to reduce the to'al number of members of tho Legislative
Assembly below the minimum prescribed by An. 170( I) is implicit in the
authority to make laws under Art. 4 of the Constitution. Such a provioion
is undoubtedly an amendment of the Constitution, but by the express provision contair.ed in Art. 4(2), no such law which amends the First and
the Founh Schedule or which makes supplemental, incidental and consequential provision is to be deemed an amendment of the C.Onstitution for
purposes of An. 368. The Constitution also contemplates by Art. 4 that
in the enactment of laws for giving effect to the admission. establishment
or formation of new States or alteration of areas and the boundaries of
those Sta~es power to modify provisions of the Constitution in order to tide
over a temporary difficulty may be exercised by the Parliament. [112 H;
113 C-D]
Cii) Parliament could not make adjustments as would strictly conform
to the requirements of An. 171(3) without fresh elections.
It. therefore,
adopted an ad hoc test and unseated members of the Council who were
110
SUPIU!MB COUllT REPORTS
[l 967) 2 S.C.R.
residents of the Haryana !lfea. There was, however. no di!tCI'imination in
unseating members from the Haryana Area of which appellants could
complail\. The appellants were not the sitting members of the Legislative
Council of the old State and no personal right of the appellants was infringed by un•eating those member.;.
A rrsidcoi of the State of Haryana
merely because of that character. cannot claim to sit in the Punjab Legi•-
lative Council.
By allowing the members from 1he Chandigarh area
to
continue to remain members of the new State of Punjab no right of the
rC'Sidents of Haryana was violated. [I 14 E.-H; 115 A]
C!vn. APPELLATE JURISDICTION: Civil Appeal No. 2314 of
1966.
Appeal from the judgment ard order dated October 7, 1966 of
the Punjab High Court in Circuit Bench at Delhi in Civil Writ
Petition No. 790-D of 1966.
M. C. Setalvad, RilVinder Narain, J. B. Dadachanji, for the
appellants.
S. V. Gupte, Solicitor-Genera/, R. Ganapathy Iyer, R. N.
Saclrthey, and R. H. Dhebar, for the respondent

## Text

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MANGAL SINGH & ANR.
v.
UNION OF INDIA
November 17, 1966
[K. SUBBA RAo, C.J., ]. C. SHAH, S. M. SIKRI, V. RAMASWAMI
AND C. A. VAIDIALINGAM, JJ.]
Constitution of India, Arts. 4, 170(1)-State Legislative AssemblyMinimum membership prescribed-Reduction
if violates Art. 170(1)-
Legislative Council-Unseating of nv.nnbers elected from area con.rtituted
having unicameral Legislature.
Punjab Reorganisation Act (31 of 1966), ss. 13, 20 and 22-Validity.
The Punjab Reorganisation Act. 1966, carved out of the old State of
Punjab two new States, Punjab and Haryana, transferred some areas. to
Himachal Pradesh and constituted Chandigarh,
a territory of the old
State, into a Union territory. The old State had a bi-<:ameral Legislature
and so also has the new Stlte of Punjab; but that of Haryana is to be unicameral. Under the Act the Legislative Assembly of Haryana is to consist
of only 54 members; members of the Legislative Council oi the old State
belonging to Haryana area are unseated, while those members residing _in
the Union Territory of Chandigarh continue to be members of the Legislative Council of that new State of Punjab. The appellants, none of whom
was a sitting member of the Legislative Council of the old State, challenged
tite legality of the Act in a writ petition, which the High Court rejected.
In appeal to this Coun, the appellants contended that (i) Constitution of
the Legislative Assembly of Haryana hr. s. 13 (I) of the Act which departs
from the miaimum membership prescribed to the State Legislative Assembly violates the mandatory provisions of the Art. 170(1) of the Constitution; and (ii) by enacting that members of the Legislative Council of the
old State residing in the Union Territory of Chandigarh shall continue to
sit in the Legislative Council in the new State of Punjab and by enacting
that the members elected to tho Legislative Council from the Haryana ar<a
shall be unseated, there was denial of equality.
HELD : The appeal must be dismissed.
(i) Power to reduce the to'al number of members of tho Legislative
Assembly below the minimum prescribed by An. 170( I) is implicit in the
authority to make laws under Art. 4 of the Constitution. Such a provioion
is undoubtedly an amendment of the Constitution, but by the express provision contair.ed in Art. 4(2), no such law which amends the First and
the Founh Schedule or which makes supplemental, incidental and consequential provision is to be deemed an amendment of the C.Onstitution for
purposes of An. 368. The Constitution also contemplates by Art. 4 that
in the enactment of laws for giving effect to the admission. establishment
or formation of new States or alteration of areas and the boundaries of
those Sta~es power to modify provisions of the Constitution in order to tide
over a temporary difficulty may be exercised by the Parliament. [112 H;
113 C-D]
Cii) Parliament could not make adjustments as would strictly conform
to the requirements of An. 171(3) without fresh elections.
It. therefore,
adopted an ad hoc test and unseated members of the Council who were
110
SUPIU!MB COUllT REPORTS
[l 967) 2 S.C.R.
residents of the Haryana !lfea. There was, however. no di!tCI'imination in
unseating members from the Haryana Area of which appellants could
complail\. The appellants were not the sitting members of the Legislative
Council of the old State and no personal right of the appellants was infringed by un•eating those member.;.
A rrsidcoi of the State of Haryana
merely because of that character. cannot claim to sit in the Punjab Legi•-
lative Council.
By allowing the members from 1he Chandigarh area
to
continue to remain members of the new State of Punjab no right of the
rC'Sidents of Haryana was violated. [I 14 E.-H; 115 A]
C!vn. APPELLATE JURISDICTION: Civil Appeal No. 2314 of
1966.
Appeal from the judgment ard order dated October 7, 1966 of
the Punjab High Court in Circuit Bench at Delhi in Civil Writ
Petition No. 790-D of 1966.
M. C. Setalvad, RilVinder Narain, J. B. Dadachanji, for the
appellants.
S. V. Gupte, Solicitor-Genera/, R. Ganapathy Iyer, R. N.
Saclrthey, and R. H. Dhebar, for the respondent
The Judgment of the Court was delivered by
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Shah, J. The Punjab Reorganisation Act, 1966-hereinaftcr
called 'the Act'-was enacted with the object ofrcorganising the
State of Punjab. By the Act which came into force on November I,
1966, the eastern hilly areas of the old State were transferred to the
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Union territory of Himachal Pradesh; the territory known as
Cl!andigarh in Kharar tahsil was constituted into a Union territory;
and the remaining territory was divided between the nrw State of
Punjab and the Haryana State.
The old State of Punjab had a
bi-camera! Legislature with 154 members in the Legislative Assembly
and 51 members in the Legislative Council. Under s. 13 of the Act
as from November I, 1966, the Legislative Assembly of the new State
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of Punjab consists of 87 members and the Haryana Legislative
Assembly consists of 54 members. The new State 0f Punjab has
also a bi-camera! Legislature. Out of the original membership of
51, 16 members whose names are ser. out in the Seventh Schedule
to the Act ceased to be members of the Legislative Council, and
the remaining members continued to be members of the LeyisG
lative Council of the new State of Punjab. Out of the 16 members
wbo ccaied to be members of the Legislative Council, 14 members,,
it is claimed by the appellants, belong to the Haryaoa area and 2
to the Him:ichal Pradesh Union t=Titory.
The Act was challenged as "illegal and ultra vires of the ConstiH
tution" on dive~ grounds in a writ petition filed by the two appellants in the High Court of Punjab. The High Court rejected the
pc&ition.
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MANGAL SINOR V. UNION (Shah, /.)
111
In this Court two contentions were urged in support of the
appelll:
(l) Constitution of the Legislative Assembly of
Haryana by s. 13(1) of the Punjab Reorganisation Act,
1966, violates the mandatory provisions of Art. 170(1) of
the Constitution; and
(2) By enacting that 8 members of the Legislative
Council who are residents of the Union territory of Chandigarh shall continue to sit in the Legislative Council
in the new State of l'Vnjab, and by enacting that the
members elected to the :LI:gislative Council from the
Haryana area shall be unseated, there is denial of equality.
By s. 24 of the Act it is provided that the total number of seats
in the Legislative Assembly of Haryana "to be constituted at any
time after the appointed day i.e. November l, 1966 to be illled
by persons chosen by direct election from territorial constituencies,
shall be eighty-one." It is clear that s. 13(1) which allocates fifty0
four sitting members out of the members elected to the Legislative
Assembly of the old State of Punjab to the Haryana area Legislative Assembly on November l, 1966, is a temporary provision.
Comititution of the Legislative Assembly of Haryana
on
November l, 1966, is, it is contended, violative of Art. 170 :of the
Constitution. In terms Art. 170 enacts that a Legislative Assembly
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shall be constituted by members chosen by direct elections from
ll:rritorial constituencies, and that the Assembly shall consist of not
more than five hundred and not less than sixty members. But Art.
170 is not the only provision having a bearing on the constitution
of a Legislative Assembly.
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By Art. 2 the Parliament may by law admit into the Union or
establish l"ew States on such terms and conditions as it thinks fit;
and Art. 3 provides that the Parliament may by law-
(a) form a new State by separation of territory from any
State or by uniting two or more States or parts of
States or by uniting any territory to a part of any
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State;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State.
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Aay law referred to in Art. 2 or Art. 3 shall, it is provided by A.rt.
4(1), contllin such provision foc the amendment of the First Schalolc.
and the Fourth Schedule as may be noce:;sary to give effi:l:t to the
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SUPUMB OOUIT UPOllTS
(1967] 2 !.C.R.
provisions of the Jaw and may also contain such supplemental,
incidental and consequential provisions (including provisions as to
representation in Parliament and in the Legislature or Legislatures
of the State or States affected by such Jaw) as Parliament may
deem necessary.
By cl. (2) of Art. 4 it is provided :
"No such law as aforesaid shall be deemed to be an
amendment of this Constitution for the purposes of articles
368."
The law referred to in Arts. 2 & 3 may therefore alter or amend
the First Schedule to the Constitution which sets out the names of
the States and description of territories thereof and the Fourth
Schedule allotting seats to the States in the Council of States in the
Union Parliament
The law so made may also make supplemental,
incidental and consequential provisions which would include provisions relating to the setting up of the legislative, executive and
judicial organs of the State essential to the effective Sta!P. administration under the Constitution, expenditure and distribution of
revenue, apportionment of ass~ts and liabilit!es, provisions as to
services, application and adaptation of laws, transfer of proceedings
and other related matters. On the 1 Iain words of Art. 4, there is
no warrant for the contention 'ldvanced by counsel for the appellants
that the supplemental, incidental and consequential provisions,
which by virtue of Art. 4 the Parliament is competent to make,
must be supplemental, incidental or consequential to the amendment of the First or the Fourth Schedule. The argument that if
it be assumed that the Parliament is invested with this wide power
it may conceivably exercise power to abolish the legislative and
judicial organs of the State altogether is also without substance.
We do not think that any such power is contemplated by Art. 4.
Power with which the Parliament is invested by Arts. 2 and 3, is
J><JWer to admit, establish, or form new States which conform to
the democratic pattern envisaged by the Constitution; and the
power which the Parliament may exercise by law is supplemental,
incidental or consequential to the admission, establishment or formation of a State as contemplated by the Constitution, and is not
power to override the constitutional scheme.
No State can therefore be formed, admitted or set up by law under Art. 4 by the
Parliament which has not effective legislative, executive and judicial
organs.
Power to reduce the total number of members of the Legislative Assembly below the minimum prescribed by Art. 170(1) is,
in our judgment, implicit in the authority to make laws under Art. 4.
Such a provision is undoubtedly an amendment of the Constitution,
but by th~ express provision contained in cl. (2) of Art. 4, no such law
which amends the First and the Fourth Schedule or which makes
supplemental, incidental and consequential provisions is to be
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MANGAL SINGH v; UNION (Shah, /.)
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deemed an amendment of the Constitution for the purposes of
Art. 368.
Our attention was invited to Art. 371A(2)(h) of the Constitution which makes an express provision in derogation to Art.
170(1) relating to the constitution of a Legislative Assembly for the
State of Nagaland, and fixes "notwithstanding anything in this
Constitution, for a period of ten years from the date of the· formation of the State of Nagaland or for such further period as
"the Governor may, on the recommendations of the regional Council, by public notification specify in this behalf" the membership of
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Legislative Assembly at 46. Power of the Parliament to make
amendments in the Constitution by express enactment so as to
reduce the number of members of a Legislative Assembly below
the minimum prescribed having regard to the exigency of a special
case may not be denied. But the Constitution also co :emplates
by Art. 4 that in the enactment of laws for giving effect to the admission, establishment or formation of new States, or alteration of
areas and the boundaries of those States, power to modify provisions of the Constitution in order to tide over a temporary difficulty may be exercised by the Parliament. The High Court was,
therefore, right in holding that s. 13(1) was not invalid merely
because it departed from the minimum prescribed as the total
membership of the Legislative Assembly for a State.
Sections 20 & 22 of the Act deal with the constitution of the
Legislative Council. By s. 20 ·the Legislative Council of the new
State of Punjab is to consist of 40 representatives and the Third
Schedule to the Representation of the People Act, 1950, is to stand
modified accordingly. By s. 22 it is provided:
"(!) On the appointed day, the sitting members of the
Legislative Council of Punjab specified in the Seventh
Schedule shall cease to be members of that Council.
(2) On and from the appointed day, all sitting members of the Legislative Council of Punjab, other than
those referred to in sub-section (I), shall continue to be
members of that Council.
By the Seventh Schedule, 16 members, of whom it is claimed 14 are
from the territory which is now in Haryana State, have been unseated. It was claimed by the appellants in their petition before
the High Court that those 14 members of the Old Punjab Legislative Council "would cease to be members of the new Council"
from November 1, 1966, whereas 8 members belonging to the newly
constituted area of the Union territory of Chandigarh still continue
to be members of the new Punjab Legislative Council, and that such
discriminatory treatment of members from the Haryana region
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(1967) 2 s.~.
amounted to denia1 of equality. In the affidavit c:m behalf of Che
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Union of India it was submitted that because Chandigarh is to be
the capital of the existing State of Punjab and will continue to be the
seal of new Government of the Punjab, the members from Oiandigarh were :idmltted as members of the Legislative Council of the
'llCW State of Punjab, and that the provision was consequential arid
incidental to the main provision constituting the State of Puajab,
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and that in any CYCnt, the appeUants were not persons aggrieved by
1he so-caUcd discriminatory treatment.
By Art. 171(3) of the Constitution membership of the Legislative Council is not from territorial constituencies: it is by nomination, indirect election or by election from teachers' and graduates'
constituencies. Of the total number of.members of the Legislative
Council of a State, one-third are to be elected by electorates consisting of members of municipalities, district boards and such other
local authorities in the State. one-twelfth arc to be elected by electorates consisting of persons residing in the State who have
been for at least three years graduates of any university in India
or possess equivalent qualifications, one-twelfth are to be r'ected
by electorates consisting of persons who have been engaged in
teaching in educational institutions within the Sta(e, one-third are
to be elected by the members of the Legislative Assembly of the State
from amongst persons who are not memLers of the Assembly, and
"the remainder" are to be nominat.!d by the Governor in accordance
with the provisions of cl. 5.
These constituencies are not territorial constituencies. On the reorganisation of the old State of
Punjab, adjustments had to be made in the membership of the
Legislative Council. No such adjustment as would strictly conform
to the requirements of Art. 171(3) could however be made without
fresh elections. The Parliament therefore adopted an ad hoc test,
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and unseated
members who were residents in the territory of
Haryana and Himachal Pradesh. It is true, as
admitted in the
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affidavit on behalf of the Union of India, that members belonging
to the Union territory of Chandigarh will be members of the new
Punjab Legislative Council, and members from the Haryana State
territory will be unseated. Whether in unseating the members
from Haryana area and aUowing the members from the Chandigarh
area to continue, a valid classification is made on the ground that
Oiandigarh is the capital of the two States noed not detain us,
because we are of the view that no discrimination by unseating
members from the Haryana area can be deemod to be practised
against the appellants of which they can eomplain. The ap:pellants
were not sitting members of the Legislative Council of the old
State of Punjab and no personal rigln of the appellants i~ infringed
by unseating the members whose names are set OU't in the Seventh
Schedule. Again the new State of Punjab is a bi-<:ameral Legislature. The new State of Hacyana is uni-cameral. lt is not claimed,
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MANGAL SINGH v. UNION (Shah,/,)
llS.
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and cannot be claimed, that a resident of the State of Haryana is,.
merely because of that character, entitled to sit in the Punjab Legislative Council. By allowing the members from the! Chandigarh
area to continue to remain members of the Legislative Council of
the new State of Punjab, no right of the residents of Haryana is
therefore violated.
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The appeal fails and is dismissed with costs.
Y. P.
Appeal dismissed.