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Judgment Summary — Sinha, J.

Factual and Procedural Background

The Bench comprising the Chief Justice and Mr. Justice Sarjoo Prasad differed on whether, in promulgating the Bihar Preventive Detention Ordinance (Bihar Ordinance II of 1950), the Governor complied with the terms of clause (1) of Article 213 of the Constitution of India. Because of that difference, the matter was referred to Sinha, J. as the third judge. The petition before the court was an application for a writ of habeas corpus. Counsel for the petitioner, Mr. B.C. Ghosh, sought to argue the entire case but was restricted by Sinha, J. to address only the specific question referred to him: whether the Ordinance had been validly promulgated. The arguments Sinha, J. heard were therefore confined to the validity of the Ordinance with reference to the Preamble.

Legal Issues Presented

  1. Whether the Bihar Preventive Detention Ordinance (Bihar Ordinance II of 1950) was validly promulgated by the Governor with reference to clause (1) of Article 213 of the Constitution of India.
  2. Whether the Preamble to the Ordinance satisfied the requirements of Article 213(1), specifically whether it sufficiently showed the Governor's satisfaction that circumstances necessitated immediate action and the provision for preventive detention leading up to the making of the Ordinance.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court's analysis is focused and limited to the single referred question concerning the validity of promulgation with reference to the Preamble. The reasoning, as expressed by Sinha, J., proceeds in these steps:

  • Identification of the point of disagreement: the Chief Justice held the Preamble defective because it did not expressly state that the Governor was satisfied as to a certain state of affairs; Justice Sarjoo Prasad held that the Preamble, read as a whole, met the requirements of Article 213(1).
  • Interpretation of Article 213(1): Sinha, J. holds that the Article does not require the Ordinance to state "in so many words" that the Governor was satisfied about particular facts or circumstances. In other words, the statute does not mandate a formulaic recital using specific words of satisfaction.
  • Textual reading of the Preamble: Sinha, J. examined the Preamble paragraph by paragraph and concluded that, when read together, the paragraphs manifest the Governor's satisfaction in the terms required by Article 213(1).
  • Particular emphasis on the word "therefore": Sinha, J. states that the Chief Justice failed to give full effect to the word "therefore" in the Preamble's third paragraph. That word, according to Sinha, J., incorporates the matters on which the Governor was satisfied and thereby communicates that (a) circumstances necessitated immediate action and (b) provision for preventive detention had been made leading up to the making of the Ordinance.
  • Conclusion from construction: Given the foregoing textual and purposive reading, Sinha, J. found it "absolutely clear beyond a shadow of doubt" that the Governor promulgated the Ordinance compelled by the necessity of the circumstances, and therefore satisfied the conditions of Article 213(1).
  • Reliance on colleagues' reasoning: Sinha, J. indicates general agreement with the reasons provided by Justice Sarjoo Prasad and declines to repeat those reasons in full, adopting them as part of his own conclusion.

Holding and Implications

Holding: Sinha, J. held that the Bihar Preventive Detention Ordinance was validly promulgated under clause (1) of Article 213 of the Constitution of India. The Rule was discharged.

Implications: The direct consequence of the decision is that the petitioner's application for habeas corpus, insofar as it challenged the validity of the Ordinance's promulgation on the ground of non-compliance with Article 213(1), failed and the Rule was discharged. The opinion does not discuss broader implications or announce the setting of a new precedent; it addresses the specific question referred to the third judge and resolves that question in favour of the validity of the Ordinance.

K.D
Rule discharged.

    Ratan Roy v. State Of Bihar

    Sinha, J.:— The Bench consisting of the Chief Justice and Sarjoo Prasad, J. which heard the application for a writ of habeas corpus, having differed on the question whether, in promulgating the Bihar Preventive Detention Ordinance (Bihar Ordinance II of 1950), the Governor had complied with the terms of clause (1) of Article 213 of the Constitution of India, the matter has been placed before me as the third judge. His Lordship the Chief Justice is of the opinion that the conditions laid down in the said Article had not been satisfied, and that, therefore, the Ordinance was void. His Lordship Mr. Justice Sarjoo Prasad, on the other hand, is of the contrary opinion. On all other questions raised on behalf of the petitioner, their Lordships agreed. Hence, the only question which was referred to me is “whether the Ordinance has been validly promulgated”.

    Mr. B.C Ghosh, appearing on behalf of the petitioner, expressed his intention of arguing the whole case before me, and not only the particular question on which their Lordships had differed. I stopped him from doing so, and informd the Counsel for the parties that I proposed to hear them only on the question referred to me. Hence, the arguments before me have been confined to the question of the validity of the Ordinance with reference to the Preamble.

    The terms of the Preamble to the Ordinance have been quoted in extenso in the judgment of his Lordship the Chief Justice. Hence, it is not necessary to repeat them here. The learned Chief Justice has held that the Preamble is defective in so far as it does not state that, in the Governor's opinion, the circumstances require the Ordinance to be promulgated in the particular terms in which it has actually been made. Sarjoo Prasad, J., on the other hand, has taken the view that the Preamble, read as a whole, was enough to satisfy the conditions laid down in Article 213(1) of the Constitution of India. I have gone through the judgments of their Lordships more than once and in my opinion, the view taken by Sarjoo Prasad, J. is the correct one. In the first place, the Article does not require that the Ordinance to be promulgated by the Governor has to state in so many words that the Governor was satisfied as to a certain state of affairs. In the second place, all the paragraphs of the Preamble read together would show that the Governor was satisfied in terms of Article 213(1) of the Constitution of India. In my opinion, his Lordship the Chief Justice omitted to consider the full force of the word “there fore” in the third paragraph of the Preamble, which word incorporates the matters on which the Governor was satisfied, namely, (1) the existence of circumstances necessitating immediate action and (2) provision for preventive detention leading up to the making of the Ordinance, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India. If the word “therefore” were given its full force, it becomes absolutely clear beyond a shadow of doubt that the Governor was promulgating the Ordinance in question being compelled by the necessity of the circumstances to do so. As I agree generally with the reasons given by his Lordship Mr. Justice Sarjoo Prasad, it is not necessary for me to repeat them over again.

    K.D
    Rule discharged.

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    Ratan Roy v. State Of Bihar
    (Mar 14, 1950)