TMI Blog1951 (9) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... those of legislation. On the 7th of September, 1922, the late Maharaja died and at the time of his death his successor, the present Maharaja, was a minor. Accordingly,-the Crown Representative appointed a Council of Ministers to look after the government and administration of the State during the Maharaja's minority- On the 11th of December, 1923, this Council passed a Resolution which purported to enact the Jaipur Opium Act, and the only question is whether the mere passing of the Resolution without promulgation or publication in the Gazette, or other means to make the Act known to the public, was sufficient to make it law. We are of opinion that it was not. But before giving our reasons for so holding, we will refer to some furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which required all enactments after the 1st of November, 1924, to be published in the Gazette. Therefore, if the Opium Act was not a valid Act at that date, it could not be validated by the publication of only one section of it in the Gazette fourteen years later. The Jaipur Laws Act of 1923 required the whole of the enactment to be published; therefore publication of only one section would not validate it if it was not already valid. We need not consider whether a law could be made retroactive so as to take effect from 1924 by publication in 1938, though that point was argued. That throws us back to the position in 1923 and raises the question whether a law could be brought into operation by a mere resolution of the Jaipur Council. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... England the rule is that Acts of Parliament become law from the first moment of the day on which they receive the Royal assent, but Royal Proclamations only when actually published in the official Gazette. See footnote (a) to paragraph 776. page 601, of Halsbury's Laws of England (Hailsham edition), Volume VI and 32 Halsbury's Laws of England (Hailsham edition), page 150 note (r). But even there it was necessary to enact a special Act of Parliament to enable such proclamations to become law by publication in the Gazette though a Royal Proclamation is the highest kind of law, other than an Act of Parliament, known to the Brit- ish Constitution; and even the publication in the London Gazette will not make the proclamation valid in Sco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ood Controller under the Beans, Peas and Pulse (Requisition) Order, 1917 does not become operative until it is made known to the public, and the difference between an Order of that kind and an Act of the British Parliament is Stressed. The difference is obvious. Acts of the British Parliament are publicly enacted. The debates are open to the public and the Acts are passed by the accredited representatives of the people who in theory can be trusted to see that their constituents know what has been done. They also receive wide publicity in papers and, now, over the wireless. Not so Royal Proclamations and Orders of a Food Controller and so forth. There must therefore be promulgation and publication in their cases. The mode of publication can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mental principles of natural justice which all freedom loving peoples share. We hold that, in the absence of some specific law or custom to the contrary, a mere resolution of a Council of Ministers in the Jaipur State without further publication or promulgation would not be sufficient to make a law operative.It is necessary to consider another point. It was urged that section 3(b) of the Jaipur Laws Act of 1923 saved all regulations then in force from the necessity of publication in the Gazette. That may be so, but the Act only saved laws which were valid at the time and not resolutions which had never acquired the force of law. The appeal succeeds. The conviction and sentence are set aside. The fine, if paid, will be refunded. Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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