STATE OF RAJASTHAN STATE OF MADHYA PRADESH STATE OF PUNJAB Vs. UNION OF INDIA

JUDGEMENT

(1.) Original Suits 1 to 6 of 1977, before us now, have been filed on behalf of the States of Rajasthan, Madhya Pradesh, Punjab, Bihar, Himachal Pradesh, and orissa against the Union of India under Article 131 of the Constitution of India. There are also before us three Writ Petition, 67 to 69 of 1977, by three members of the Legislative Assembly of the State of Punjab against the Union of India and Shri Charan Singh, the Home Minister in the government of India, and Shri Zail Singh, Chief Minister of Punjab. The six suits and the three Writ Petition raise certain common questions of law and fact. They were, therefore, permitted to be argued to-gether. We have already dismissed the suits and petitions after hearing them at length and now propose to state our reasons for doing so as stated in our order of 29/04/1977. Before dealing with the questions of fact and law I will indicate the nature of the reliefs sought by each plaintiff under Article 131 and the grievance of each petitioner under Article 32 of the Constitution.

(2.) The State of Rajasthan asked for a declaration that what it described as a "directive", contained in the letter dated 18/04/1977, issued by Shri Charan Singh, the Union Home. Minister, to the Chief Minister of the State, is "unconstitutional, illegal and ultra vires the Constitution" and also a declaration that the plaintiff State is "not constitutionally or legally obliged to comply with or to give effect to the directive contained in the said letter".

(3.) The State of Madhya Pradesh seeks the declaration that "the direction/order dated 18/04/1977, of the defendant through its Home Minister is ultra vires the Constitution".