iminal Appeal No 93 of 1971
L M Singhvi P N Tewari O C Mathur J B Dadacharji and Ravinder Narain for the appellant
Niren De Attorney General for India Jagadish Swarup Solicitor General of India R N Sachthey and R L Mehta for respondents Nos 1  2
Advocate General for the State of Jammu and Kashmir and R N Sachthey for respondent No 3
The Judgment of the Court was delivered by Sikri CJ
This appeal by special leave is directed against the judgment of the Jammu  Kashmir High Court holding that the  25 of 1946 was validly extended to the State of Jammu and Kashmir by the Jammu and Kashmir Extension of Laws Act 1956 here in after referred to as the Extension Act
The High Court decided this question on a reference made by the Special Magistrate under section 432 of the Code of Criminal Procedure before whom the challan had been filed under the Ranbir Penal Code on November 29 1967
The only question involved in this appeal before us is as to the validity of the aforesaid extension
In order to appreciate the contentions of the learned counsel in this respect it is necessary to give an account of the constitutional provisions applicable to the State of Jammu and Kashmir
On January 26 1950 the Constitution of India came into force
In exercise of the powers conferred by cl1 of article 370 of the Constitution of India the President in consultation with the Government of the State of Jammu  Kashmir made the Constitution Application to Jammu and Kashmir Order 1950
This order was superseded by another order in 1954
By that order one of the entries on which Parliament could make laws was entry 413 80 of List I of the Seventh Schedule of the Constitution
This entry reads as follows  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 out side the State
 By the Extension Act which received the assent of the President on September 25 1956 the  was extended to the State of Jammu and Kashmir in the following manner
Section 12 of the Extension Act provided that it shall come into force on such date as the Central Government may by notification in the Official Gazette appoint
 Section 2 provided as follows  1 The Acts and Ordinance mentioned in the Schedule and all rules orders and regulations made thereunder are hereby extended to and shall be in force in the State of Jammu and Kashmir
2 With effect from the commencement of this Act the Acts and Ordinance mentioned in the Schedule shall be amended as specified therein
 The Schedule which contained the Delhi Special Police Esta blishment Act 1946 amended it by omitting the words except the State of Jammu and Kashmir from section 1
A notification was issued appointing November 1 1956 as the date for the coming into force of the Extension Act in the State of Jammu and Kashmir
The effect of the notification and Sec
2 mentioned above was that the  came into force in the State of Jammu and Kashmir from November 1 1956
The Constitution Seventh Amendment Act 1956 also came into force on November 1 1956
The State of Delhi which was a part C  State immediately before the Seventh Amendment became a Union Territory
A new article article 372A was also inserted in the Constitution enabling the President to adapt laws in force immediately before the commencement of the Constitution Seventh Amendment Act 1956
This article has no application to the State of Jammu and Kashmir and therefore any adaptations made by the President 414 in exercise of the powers under article 372A can have no application to the State of Jammu and Kashmir
In view of these constitutional changes it is contended on behalf of the appellant that under entry 80 Parliament could only extend the powers and jurisdiction of members of the Police Force belonging to any State and as Delhi became a Union Territory and ceased to be a State on November 1 1956 Parliament had no jurisdiction to extend the to the State of Jammu and Kashmir
It seems to us that the impugned Act was validly extended and our reasons for coming to this conclusion are as follows
When the Extension Act was passed Parliament had the competence to extend the impugned Act to the State of Jammu and Kashmir because the Delhi Special Police Establishment was a police force belonging to a Part C  State
The contention of the learned counsel that because Parliament could not extend the powers and jurisdiction of members of the Delhi Special Police Force after November 1 1956 assuming it to be correct does not invalidate the powers exercised earlier
When the Extension Act was passed there is no doubt that the Parliament had the power
The fact that the Parliament ceased to have power as from Nov ember 1 1956 does not make any difference  This Court had occasion to deal with a similar question in State of Assam vs Ka Brhyien Kurkalang1 In that case para 19b of Schedule 6 Constitution of India authorized the Governor to make regulations for the peace and good government of a district
This power was vested in the Governor tin the setting up of a District Council for an autonomous district
It was contended that because a District Council had been set up the Governor could not exercise the power under the Regulation and apply laws
The High Court had accepted the contention but this Court reversed the judgment of the High Court and after referring to J K Gas Plant Manufacturing Co Ltd vs King Emperor 2 Ram Kirpal vs State of Bihar3 and Cajee vs U Jormanik Siem4 held that although the power of the Governor to legislate ended when the District Council was constituted the power conferred under the regulation on the Governor to bring into force the laws set out in the Schedule continued and would continue so long as the regulation remained on the statute book
The same principle applies here
The Central Government could validly issue a notification under sub section
2 of Sec 1 appointing the date from which the Act would come into force and as soon as this notification was made by virtue of section 2 the 1 2 3  4  415 impugned Act came into force in the State
The Constitution Seventh Amendment Act did not destroy the efficacy of sub section 2 of section 1
The learned counsel contended that this principle conflicts with the general principle that executive power corresponds to legislative power and it could not have been intended that the extended law should operate when there was no corresponding legislative power
In this connection he referred to article 73
The general principle is subject to exceptions
Article 73 itself opens with the words subject to the provisions of this Constitution
 This is one of the exceptions envisaged by the Constitution
Other such exceptions are in article 277 and article 372
Although legislative power may not exist to legislate on the subject of existing laws executive power would be exercised under the laws saved by article 277 and article 372
No authority has been cited in support of the contention that executive power to execute a valid law ceases to exist if power to make that law has been transferred to another authority or ceases to exist
It was next contended that the impugned Act was repugnant to and inconsistent with the Jammu and Kashmir Code of Criminal Procedure and Jammu and Kashmir Police Act which were already in existence before the Delhi Special Police Act 1946 came into force
But in so far as the impugned legislation is a law with respect to entry 80 even if there is repugnancy it must override any laws repugnant thereto in Jammu and
Kashmir
article 246 as applicable to Jammu and Kashmir reads thus 2461 Notwithstanding anything in clause 2 Parliament has the exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule in this Constitution referred to as the Union List 2 Parliament and subject to clause 1 the Legislative of any State also have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule in this Constitution referred to as the Concurrent List When the impugned Act was extended Parliament had no power to make laws with respect to any items in the Concurrent List but the impugned law is fully covered by entry 80 and there is no need to rely on the Concurrent list
Therefore article 254 can have no application to the present case
It was also contended that the impugned Act could not have been validly extended by a notification dated October 10 1956 416 issued under the Extension Act which itself came into force only from November 1 1956
There is nothing in sub s2 of section 1 which makes it obligatory that the notification should issue simultaneously with the date of the coming into force of the Act
On the contrary notification must ordinarily issue earlier than the date of the coming into force of the law
It seems to us clear that the notification could have been issued any time after the President had given his assent and as soon as the notification was issued section 2 came into effect and all the Acts and Ordinance mentioned in the Schedule stood automatically extended and came into force
The learned counsel did not press the point regarding article 14 of the Constitution
In the result the appeal fails and is dismissed
VPS Appeal dismissed


Summary:
By the Constitution Application to Jammu  Kashmir Order 1954 one of the entries on which Parliament could make laws was Entry 80 of List I of the Seventh Schedule dealing With Extension of the powers and jurisdiction of members of a police force belonging to any State to any area outside that State 
The  Extension Act received the President s assent on September 25 1956
Section 12 provides that it shall come into force on such date as the Central Government may by notification in the Official Gazette appoint
By a notification dated October 10 1956 November 1 1956 was appointed as the date for the coming into force of the Extension Act in the State of Jammu and Kashmir
The effect of the notification and section 2 of the Act was that the  the impugned Act which was one of the Acts mentioned in the Schedule to the Extension Act came into force in the State from November 1 1956
On the same day the Constitution Seventh Amendment Act 1956 came into force and Delhi ceased to be a part C State and became Union Territory
On the question whether the impugned Act was not validly extended to the State of Jammu and Kashmir because Delhi ceased to be a Part C State on November 1 1956 HELD  1 When the Extension Act was passed Parliament had the competence to extend the impugned Art to the State of Jammu and Kashmir because the Delhi Special Police establishment was a police force belonging to a Part C State
Assuming Parliament ceased to have the power as from November 1 1956 the Central Government could validly issue the notification under section 12 appointing the date from which the Extension Act would come into force and as soon as this was done by virtue of section 2 the impugned Act came into force in the State
414 B E State of Assam vs Brhvian Kurkalang AIR 1972 SC 223 followed
2 The general principle that the executive power corresponds to the legislative power in article 73 of the Constitution is subject to exceptions
The executive power to execute a valid law does not crease if power to make that law has ceased to exist
415 B D 3 In so far as the impugned legislation is a law with respect to Entry 80 even if there was repugnancy it must override any laws repugnant thereto in Jammu and Kashmir
415 D E 412 4 There is nothing in section 12 of the Extension Act which makes it obligatory that the notification should issue simultaneously with the date of the coming into force of the Act
On the contrary the notification must ordinarily issue earlier than the date of the coming into force of the law
The notification could have been issued any time after the President had given his assent to the Act and as soon as the notification was issued section 2 came into effect and all the Acts and Ordinances mentioned in the Schedule stood automatically extended and came into force in the State 416 A C