In Superintendent and Legal Remembrancer, State of West Bengal v. Corporation of Calcutta (1967), a…
The majority, speaking through Chief Justice Subba Rao, held that "the archaic rule based on the prerogative and perfection of the Crown has no relevance to a democratic…
Choose your answer
In Superintendent and Legal Remembrancer, State of West Bengal v. Corporation of Calcutta (1967), a nine-judge Bench considered whether the State was bound by a municipal Act requiring a licence to run a trade. What did the majority hold?
Answer and explanation
Correct answer B
The majority, speaking through Chief Justice Subba Rao, held that "the archaic rule based on the prerogative and perfection of the Crown has no relevance to a democratic republic". The normal construction is that a general Act applies to citizens as well as to the State, unless it excludes the State expressly or by necessary implication. The earlier decision in Director of Rationing and Distribution v Corporation of Calcutta was reversed.
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