D. Datta, J. - (1.) This is an application by the Oil and Natural Gas Commission under Sec. 20 of the Arbitration Act, inter alia, for an order that the agreement dated July 23, 1966, being annEx. G hereto, be filed and an order of reference be made accordingly, (b) Mr. Prakash Chandra Mallick, a retired Judge of this Hon'ble Court, or such other person be appointed Arbitrator as to this Hon'ble Court may seem fit and proper.
(2.) The application was resisted on several grounds. One of them was that the Oil and Natural Gas Commission, being in essence an agent or a limb of the Union of India, must comply, in entering into contracts, with Article 299 of the Constitution.
(3.) At the time of the arguments on this point it struck me that there might be a more fundamental and underlying constitutional objection to the formation or incorporation of a Commission like the Oil and Natural Gas Commission for there was room for the contention that the Parliament could not divest the Union of India of its executive powers which ordinarily vest in the President and place them in charge of independent corporation, with or without the control by Parliament which, according to the Union of India, is not an integral part of the Central Government, being an independent corporation. Thereafter, a notice was issued to the Attorney -General of India in terms of the provisions of the Constitution of India. The Attorney -General of India appeared through Mr. Subimal Roy. Mr. Roy made submissions on behalf of the Union of India to support the validity of the Corporation.;