S.B.SINHA - (1.) IN these writ applications the petitioners have, inter alia, questioned an order dated 24-2-1988 passed by the Registrar of Co-operative Society, Andaman and Nicobar Islands, Port Blair and the consequential notices dated 11-3-88, 16-5-88 as also the purported decision toamend the bye-laws dehorsing the Rules 20 and 26 of the Andaman and Nicobar Island Co-operative Society Rules, 1974 issued by the Administrator of Bangashree Co-operative Coconut Farming Society Ltd., who had been appointed in the year 1985.
(2.) ALTHOUGH several questions have been raised in these writ applications, the learned Counsels for the parties have addressed us only one question namely, as to whether the Registrar of the Co-operative Society could be appointed by the Lieutenant Governor in terms of the Andaman and Nicobar Islands Co-operative Societies Regulations, 1973 (hereinafter referred to as the said Regulation). The said Regulation was promulgated by the President of India in exercise of his power under Article 240 of the Constitution of India. At that point of time Andaman and Nicobar Islands was Part-D State. However, by reason of constitution of 7th amendment it became a Part-C State. The Administration of Andaman and Nicobar Islands admittedly was in the hands of the Chief Commissioner. 'Chief Commissioner' in the said Regulation has been defined to mean the Chief Commissioner of the Union Territory of the Andaman and Nicobar Islands. The said Regulation was, thus, made by the President in exercise of his Power under Article 240 of the Constitution of India. There cannot be any doubt in view of the decision of the Apex Court in Goa Sampling Employees' Association v. G.S. Co. (India) Private Ltd. reported in AIR 1985 SC 357 that the President may act through an Administrator appointed by him. Administrator is, thus, a delegatee of the President.
(3.) WITH a view to answer the question raised the history of the said Islands may be traced out :- "Under Section 58 of the Government of India Act, 1915-19 Andaman and Nicobar Islands was a Chief Commissioner's province and it was provided inter alia that -"Each of the following province namely which is known as North West Frontier Province, British Baluchistan, Azmir, Merwara, Coorg and Andaman and Nicobar Islands is, subject to the provision of the Act, administered by the Chief Commissioner."Part VI of Government of India Act, 1919 dealt with Legislation for India particularly Section 73 of Government of India Act, 1919, the power of Legislation of Lieutenant Governor and Chief Commissioner's provinces.Section 94 of Government of India Act, 1935 defines the Chief Commissioner's provinces and provides inter alia that-"The following shall be the Chief Commissioner's Province that is to say heretofore existing Chief Commissioner's Province-Delhi, Azmir, Merwara, Coorg and Andaman and Nicobar Islands, the areas known as Panthpiploda and such other Chief Commissioner's province as may be created by the Act.(ii) Aden shall cease to be Part of India;(iii) The Chief Commissioner's Province shall be administered by Governor General acting to such extent as he thinks fit and proper, the Chief Commissioner may be appointed by him in his discretion."Section 96 of the Government of India Act, 1935 provides inter alia that -" "The provision of sub-Section (3) of the last preceding section shall apply in relation to the Andaman and Nicobar Islands as they apply in relation to British Baluchistan". On attainment of Dominion status on 15th August, 1947 under Indian Independence Act, 1947, the power of Legislature on dominion was exercisable by the Constituent Assembly under sub-Section (1) of Section 8 which runs as follows :-"8 (1) - In the case of each of the new Dominions, the powers of the Legislature of the Dominion shall, for the purpose of making provision as to the Constitution of the dominion, be exercisable in the first instance by the Constituent Assembly of that Dominion, and reference in this Act to the Legislature of the Dominion shall be construed accordingly."Indian Independence Act, 1947 established the sovereign character of the Constituent Assembly. On 5th January, 1950 the Constituent Assembly enacted Government of India (Amendment) Act, 1949 by which Section 290A was inserted and Section 93 of the Act provides that -"Governor General may by order direct that an acceeding part of such State shall be administered as Chief Commissioner's province or as a part of the Governor was Chief Commissioner's province." Initially, Andaman and Nicobar Islands was a Part 'D' State of the First Schedule up to 1956 and after the 7th amendment of the Constitution on 1st November, 1956Andaman and Nicobar Islands ceased to be Part 'C' State of the first schedule and was treated as a Union Territory and the power to administer the Union Territory of Andaman and Nicobar Islands including the Legislation was entrusted upon the President of India. Prior thereto, that is from 26th January, 1950 to 30th October, 1956 Andaman and Nicobar Islands was treated as Part 'D' State of the First Schedule under Article 243 (1) of the Constitution of India which runs as follows :- "Art. 243 (1) - Any territory specified in Part 'D' of the First Schedule and any other territory comprised within the territory of India but not specified in the Schedule shall be administered by the President, acting, to such extent as he thinks fit, through a Chief Commissioner or other authority to be appointed by him".As such, Andaman and Nicobar Islands were treated as Chief Commissioner's Province. ;