My dear friends,

West Bengal is moving ahead wih name change.

Question  is legal validity of changed name

for that let us peep into the history of west bengal.

West Bengal was created by Indian Independence Act 1947, under Sec 3 (I) (a) & (b). It says

The province of Bengal, as constituted under the Govt of India Act 1935, shall cease to exist, and
There shall be constituted in lieu thereof two new Provinces to be known respectively as East Bengal and West Bengal.

Point of note is that -
1. The name West Bengal was by way of statute.
2.  Can one change the words specified therein without amending such Act ?
3. Now if one wishes to change, he has to amend the same Act.
4. But the Act is passed at British Parliament by the King of England.
5. Funniest part is that by this Act we got India from British on 15h Aug 1947, have we ever got freedom ?as  the date mentioned there as  APPOINTED DATE and NOT Independence or freedom date.
6. So, if we were never got freedom, how can we change the Act  as passed in UK ? if yes, where and at what authority ?

JUST THINK ........

Ha Ha Ha! a very interesting question. I will have to read those acts before I reply. Are you thinking of approaching High Court for this matter or just an academic discussion?

Dear Sir,

Most welcome. It is just for an academic interest.

I am sure you will find a flavor of your most interesting subject i.e RKBA.

Just for a hint, if we were never GOT freedom, rather it was an temporary transfer of administrative powers on the 15th Aug 1947, (see the preamble, it says two dominions will be formed and not independent state and dominion meaning is clearly stated in any dictionary )

Question arises -

1. Does the Supreme court is inferior to Privy council till now ?

2. Can one change an Act passed at British Parliament here in India, by what ever Act ? as any Act of parliament will be considered to be inferior to the said Act, by which India received administrative powers.

3. RKBA - As you were never a citizen of a free nation, why should you be granted gun license ?

Debate begin!!!

regards

The Indian Independence Act 1947 can be found here

http://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf

Swajan Sir, you have raised very interesting questions, one needs a deep understanding of the matter before answering them. I am trying to find out the answers to your questions. Today I read a someting that appears to be in some manner related piece of information, at this website, I reproduce it below:

 

In “Umaji Kashao Meshram vs. Radhika Bai” (1986 AIR 1272) it was held that under Article 225 of the Constitution of India the High Court would have the same powers as it possessed before coming into force of Constitution and as the Chartered High Courts had the power to hear intra court appeals against the order passed in writ jurisdiction under their respective Letters Patents, therefore, the same power would also be available to High Courts even after coming into force of the Constitution of India. The reason given by the honorable Supreme Court of India in support of its decision was that the present Indian Constitution is in continuity of the Government of India Act, 1915-1919, and Indian Independence Act, 1947 passed by the British Parliaments, therefore, the Letters Patents of the High Courts are fully in force under Article 225 of the Constitution of India.

 

 

Source: http://www.lawyersclubindia.com/articles/Can-a-Legislature-supplement-the-powers-of-Courts-given-by-a-written-Constitution-3975.asp

There were 4 ammendments to Govt of India Acts. First Act passed in 1833,  thereafer ammended in 1858, 1915, 1919 and lastly in 1935. Each time in widened its scope and become more constrctive.

However Indian Independence Act 1947 was of  different characer altogaher.  But, what ever written below the preamble should be considered inferior, in case  contradiction arises.

The preamble however sets as follows in Indian Independence Act 1947-

An Act to make provision for the setting up in India of two independent Dominion, to substitute order provision for certain provisions of the Government of India Act. 1935, which apply outside those Dominions, and to provide for other matters consequential on or connected with the setting up of those Dominions.

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

The new Dominions.

1.—(1) As from the fifteenth day of August, nineteen hundred and forty-seven, two independent Dominions shall be set up in India, to be known respectively as India and Pakistan.

(2) The said Dominions are hereafter in this Act referred to as "the new Dominions" and the said fifteenth day of August is hereafter in this Act referred to as "the appointed day".

The word Dominion resricts all charestarestics of  FULL INDEPENDENCY. Also dilutes the rest of the provisions written thereafter.

As power of Dominion must always be inferrior to its controllng State. But question arises what exactly then the intrpretation of  INDEPENDENT here in conjnction with Domenion. And what is the length and breadth of such independency.

Is it only administraive ? or moe. If more, then why the two words used i.e Domenion and Apponted date insted of  Free Country and independence date.

Any way, I have to study more.

Many thanks, we shall share more in times to come.

Regards

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