Law: Essential Supplies (Continuance of Temporary Powers) Ordinance (X of 1955)

Section: 7

Law: Government of India Act, 1935

Section: 18

(a) Essential Supplies (Continuance of Temporary Powers) Ordinance (X of 1955)---- -----Valid piece of legislation-Control of Essential Commodities Ordinance (V of 1956)-Valid. Held, that Essential Supplies (Continuance of Temporary Powers) Ordinance (X of 1955) was a valid piece of legisla­tion. The trial Magistrate had discharged the accused charged under section 7 of the Ordinance, on the ground that the Ordinance had expired inasmuch as it was not placed before the Dominion Legislature within six weeks of its sitting after the Ordinance was promulgated (30th March 1955). The p A. D. M, upheld the order of discharge. Held (on State's revision petition), that as the respondents had tailed to show that the Constituent Assembly, during its sittings in Murree from the 7th of July 1955, performed any functions in its capacity of Federal Legislature, the omission to place Ordinance X of 1955 before it did not mean that the Ordinance in question expired six weeks after the opening date of the Constituent Assembly session. The legislation referred to by counsel for respondents was legislation connected with duties of the Constituent Assembly as a constitution-making body. Moreover, Ordinance X of 1955 was in force immediately before the Constitution Day and was, therefore, saved by Art. 224 (1) of the Constitution until repealed by Ordinance V of 1956. Further, that Control of Essential Commodities Ordinance (V of 1956) was valid because it did not infringe item No. 42 of the Provincial List. Moreover, as regards its providing for price control, it came under item No. 7 of Part II of the Concurrent List, Fifth Schedule of tile Constitution of Pakistan. (b) Government of India Act, 1935----- ----S. 18-Dual role of Constituent Assembly-Assembly acting as the Federal Legis­lature must be proved by specific instances. JUDGMENT ORTCHESON, J.------This order will dispose of six connected Criminal Revisions Nos. 981 to 986 of 1956, filed by the State from the orders of the Additional District Magistrate, Lahore, dated the 30th of January 1956, upholding, those of Mr. M. Jaleel, Magistrate 1st Class, Lahore, dated the 19th of November 1955, discharging the respondents, who…

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