S. K. DAS, J. - (1.) This is an appeal on a certificate granted by the High Court of Bombay under Art. 132 (1) of the Constitution, and the question involved in the appeal is the true scope and effect of Art. 3 of the Constitution, particularly of the proviso thereto as it stands after the Constitution (Fifth Amendment) Act, 1955.
(2.) On 22-12-1953, the Prime Minister of India made a statement in Parliament to the effect that a Commission would be appointed to examine "objectively and dispassionately" the question of the re-organisation of the States of the Indian Union "so that the welfare of the people of each constituent unit as well as the nation as a whole is promoted". This was followed by the appointment of a Commission under a resolution of the Union Government in the Ministry of Home Affairs, dated 29-12-1953. The Commission submitted its report in due course and on 18-4-1956, a Bill was introduced in the House of the People (Lok Sabha) entitled the State Reorganisation Bill (No. 30 of 1956). Clauses 8, 9 and 10 of the said Bill contained a proposal for the formation of three separate units, namely, (1) Union territory of Bombay; (2) State of Maharashtra including Marathawada and Vidharbha; and (3) State of Gujerat including Saurashtra and Cutch. The Bill was introduced in the House of the People on the recommendation of the President, as required by the proviso to Article 3 of the Constitution. It was then referred to a Joint Select Committee of the House of the People (Lok Sabha) and the Council of States (Rajya Sabha). The Joint Select Committee made its report on July 16, 1956. Some of the clauses of the Bill were amended in Parliament and on being passed by the both Houses, it received the President's assent on 31-8-1956, and became known as the States Reorganisation Act, 1956 (37 of 1956) hereinafter called the Act.
(3.) It is necessary to read here S. 8(1) of the Act which instead of constituting three separate units as originally proposed in the Bill constituted a composite State of Bombay as stated therein: "Section 8 (1) As from the appointed day, there shall be formed a new Part A State to be known as the State of Bombay comprising the following territories, namely:- (a) the territories of the existing State of Bombay, excluding- (i) Bijapur, Dharwar and Kanara districts and Belgaum district except Chandgad taluka; and (ii) Abu Road taluka of Banaskantha district; (b) Aurangabad, Parbhani, Bhir and Osmanabad districts, Ahmadpur, Nilanga and Udgir taluks of Bidar District, Nanded district (except Bichkonda and Jukkal circles of Deglur taluk and Modhol, Bhiansa and Kuber circles of Modhol taluk) and Islapur circle of Both taluk, Kinwat taluk and Rajura taluk of Adilabad district, in the existing State of Hyderabad; (c) Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara and Chanda districts in the existing State of Madhya Pradesh; (d) the territories of the existing State of Saurashtra; and (e) the territories of the existing State of Kuch; and thereupon the said territories shall cease to form part of the existing States of Bombay, Hyderabad, Madhya Pradesh,. Saurashtra and Kuch, respectively". The appointed day from which the new State of Bombay came into existence was defined in the Act as meaning November 1, 1956. But before that date, to wit, on 12-9-1956, the appellant herein filed a petition under Art. 226 of the Constitution in the High Court of Judicature at Bombay in which he alleged, in substance, that the formation of the composite State of Bombay as one unit instead of the three separate units as originally proposed in the Bill contravened Art.3 of the Constitution, inasmuch as the Legislature of the State of Bombay had no opportunity of expressing its views on the formation of such a composite State. The appellant asked for a declaration that S. 8 and other consequential provisions of the Act were null and void and prayed for an appropriate writ directing the State Government of Bombay and the Union Government not to enforce and implement the same. This writ petition was heard by the Bombay High Court on 14-9-1956, and by its judgment of even date, the High Court dismissed the petition, holding that there was no violation or contravention of Art. 3 of the Constitution. The appellant then obtained the necessary certificate under Art. 132 (1) of the Constitution, and filed his appeal in this Court on 18-10-1956, on the strength of that certificate.;