Regions & Countries



AIR 1951 Mys 116

Year Decided



India    Mysore HC    


An accused under the Influx from Pakistan Act, 1949 had been acquitted by an Additional First Class Magistrate on the grounds the Act did not apply to the State of Mysore since it was doubtful that Acts passed by the Dominion Legislature would apply to States acceding to the Dominion. The court disagreed and held that both, the Indian Constitution and the 1949 Act make it clear that they apply to all of India. Article 245 allows the Parliament to make laws for all of India. But despite that, since the Act was a pre-Constitution Act, Section 1 itself states that the Act applies to all of India. The Maharaja of Mysore having acceded to the Dominion of India in 1947, was bound by the Instrument of Accession, Item 2 under "External Affairs" in its Schedule giving the Dominion of India the power to legislate on matters concerning admission or expulsion from India. The acquittal of the accused was set aside and he was convicted under the Act.

Supporting institutions