Page:29357 2016 1 1501 44512 Judgement 11-May-2023.pdf/40

PART F 53. The President amended Section 3(58) of the General Clauses Act by the Adaptation of Laws (No. 1) Order, 1956. Subsequent to the amendment in 1956. Section 3(58) stipulates that the phrase ‘State’ with respect to any period before the commencement of the 1956 Constitution Amendment shall mean a Part A State, a Part B State, or a Part C State, and with respect to the period after the amendment shall include a State specified in the First Schedule to the Constitution and shall include a Union Territory:

“(58) “State”— (a) as respects any period before the commencement of the Constitution (Seventh Amendment) Act, 1956, shall mean a Part A State, a Part B State or a Part C State; and (b) as respects any period after such commencement, shall mean a State specified in the First Schedule to the Constitution and shall include a Union territory;]”

54. In Advance Insurance Corporation Limited v. Gurudasmal, the question before a Constitution Bench of this Court was whether the word ‘State’ in Entry 80 of List I could be read to include Union territories. Entry 80 read as follows:

“80. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area outside that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.”

55. Justice Hidayatullah writing for the Constitution Bench rejected the argument that the amended definition of ‘State’ under General Clauses Act will not