Sinha, J. - (1.) There are four petitioners in this application. One of them is a sitting member of the West Bengal Legislative Assembly. The other three describe themselves as 'Citizens of West Bengal', by which they undoubtedly mean Citizen of the Indian Union residing in the State of West Bengal. The Union of India and the State of West Bengal have been made party respondents (No. 4 and No. 2). The other respondents are, Dr. Bidhan Chandra Roy, the Chief Minister of West Bengal (No. 3) and the Speaker of the West Bengal Legislative Assembly (No. 1). The prayers in the petition are allembracing. They seek for the issue of a medley of high prerogative writs, including the writs of mandamus, certiorari and quowarranto. They seek to restrain the Chief Minister from functioning or drawing his salary, to injunct the Speaker from presiding over the legislature, and generally to paralyse the administration of the State interalia by stopping recourse to the consolidated fund. At the hearing, however, the scope of the application has been considerably scaled down. By and large, it may be said that the petitioners would rest content if the Chief Minister is restrained from pursuing a notice he has caused to be given in the Assembly, of moving a resolution approving of the proposal for the Union of the States of West Bengal and Bihar, and if the Union of India is restrained from bringing or initiating any Bill or Legislation in Parliament for the purposes of uniting the two States. The facts stated in the "petition relevant for the purposes of the reliefs claimed, may be briefly stated as follows:
(2.) On 22-1-1947, the Indian Constituent Assembly passed a resolution, declaring its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future Government, a Constitution, wherein "the said territories whether with their present boundaries or with such other as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution shall possess and retain the status of autonomous units, and exercise all powers and functions of Government and administration save and except such powers and functions as are vested in or assigned to the Union or as are inherited or implied in the Union or resulting therefrom and wherein all power and authority of the Sovereign Independent-India, its Constituent parts and organs of Government are derived from the people of India...." In February 1947, the British Government declared its intention of transferring power in British India to Indian hands. In June 1947, a statement was issued by His Majesty's Government on the method of transfer of power in India and inter/alia of the partition of undivided Bengal. It was , declared that the Provincial Legislative Assembly of Bengal would be asked to meet in two sections and decide whether they would form a separate sovereign State or join any one of the two Dominions of West Bengal or Pakistan or whether there should be a partition of the province. On 20-6-1947, the members of the Bengal Le gislative Assembly met separately and decided upon the partition of Bengal. Thus came into existence the Governor's Province of West Bengal which later on became the State of West Bengal. On 18-7-1947, the British Parliament passed the Indian Independence Act, creating the two independent Dominions of India and Pakistan. This was followed by various orders in Council, particulars whereof are stated in paragraph 9. The Constitution of India was passed on 26-11-1949. The bulk of it came into operation on 26-1-1950, which is de scribed as the "Commencement of the Constitution".
(3.) According to Article 1 of the Constitution, India, that is Bharat, shall be a Union of States. The States and the territories thereof shall be the States and their' territories specified in Parts A, B and C of the First Schedule, annexed to the Constitution. The Provinces of West Bengal and Bihar have become the Part A States of West Bengal and Bihar. Subsequent to the commencement of the Constitution, the Government of India appointed a high-powered commission called the States Reorganisation Commission (S.R.C.) to go into the question of the reorganisation of the boundaries of the different States. The Commission has given its report and has recommended that the boundaries between the two States of West Bengal and Bihar should be redrawn by incorporating in the State of West Bengal, a small portion of the territories now belonging to Bihar. This has given rise to a great deal of dissatisfaction in both States. People of West Bengal consider the recommendations as falling short of their legitimate demands, whereas the people of Bihar naturally deplore the loss of a part of their territories.;