Summarize the following court judgment. ivil Appeal No. 5736 of 1985 & C.A. No. 508/1986. From the Judgment and Order dated 14.8.1985 of the Bombay High Court in Civil Writ Petition No. 3420 of 1983. N.N. Keswani and R.N. Keswani for the Appellants. G. Ramaswamy Additional Solicitor General	 S.K. Dhola kia	 Shishir Sharma	 P.H. Parekh	 A.S. Bhasme and V.B. Joshi for the Respondents. The Judgment of the Court was delivered by K. JAGANNATHA SHETTY	 J. The case involved in these two appeals	 with leave	 seems indeed straight forward enough	 but the High Court of Bombay made it	 as we venture to think	 unsatisfactory and in a sense against judicial pro priety and decorum. The facts which are of central importance may be stated as follows. On June 19	 1982	 the Government of Maharashtra issued a draft notification under sec. 3(3) of the Bombay Provincial Municipal Corporation Act	 1949 (the "Act"). The draft notification proposed the formation of what is termed as "Kalyan Corporation" (the "Corporation"). It suggested the merging of Municipal areas of Kalyan	 Ambarnath	 Domoivali and Ulhasnagar. Against this proposal	 there were many objections and representations from persons	 companies and the authorities. Ambarnath and Ulhasnagar Municipal bodies and also some of the residents therein submitted their represen 409 tations. They objected to the merger of their municipal areas into the Corporation. It is said that in Ulhasnagar Municipal area	 Sindhies are predominant. In 1947	 they were the victims of partition of the country. Being uprooted from their home land	 they have since settled down at Ulhasnagar. They have formed union or federation called the All India Sindhi Panchayat Federation. It is interested in having a separate identity for Ulhasnagar. The Federation challenged the said draft notification by a writ petition before the Bombay High Court. The writ petition was not disposed of on merits. It was permitted to be withdrawn on an assurance given by the Government. The Government gave the assurance that the representatives of the Federation would be given an opportunity of being heard before taking a final decision. As per the assurance	 they were given personal hearing on their representations. The others who have filed similar representations were not heard. But their objections or representations were duly considered. Thereupon	 the Govern ment decided to exclude Ulhasnagar from the proposed Corpo ration. Accordingly	 a notification under sec. 3(2) of the Act was issued. The Corporation was thus constituted without Ulhasnagar. That was the only alteration made in the propos al earlier notified. All other areas indicated in the draft notification were merged in the Corporation. The residents of Ambarnath Municipal areas were not satisfied. They were	 perhaps	 more worried by the exclusion of Ulhasnagar than the inclusion of their own area. They moved the High Court under Article 226 of the Constitution challenging the notification issued under sec. 3(2) of the Act. They inter alia	 contended that the action of the Government affording an opportunity of being heard only to the Federation and not to other objectors was contrary to Article 14. It was a hostile discrimination to hear only one of the objectors. They asserted that the establishment of the Corporation without Ulhasnagar Municipal area	 having regard to the geographical contiguity was unintelligible and incomprehensible. It was arbitrary and opposed to the object of the Act. They also contended that there ought to have been a fresh draft notification after taking a decision to exclude Ulhasnagar from the proposal. With similar conten tions and for the same relief	 there was another writ peti tion before the High Court. It was filed by the National Rayon Corporation Limited which is a company located within the Municipal limits of Ambarnath. The Sindhi Panchayat Federation was not a party to the writ petitions. It was	 however	 allowed as an intervener. Some other persons who were interested in the outcome of the writ petitions were 410 also permitted to intervene in the proceedings. They sup ported the stand taken by the Government which was the main respondent in the writ petitions. The State in its counter affidavit resisted the peti tioners ' claim raising several grounds. The first point to be noted in this context is this: "That the formation of Municipal Corporation under sec. 3 of the Act is an extension of the legislative process and	 therefore	 sec. 3 is nothing but a piece of conditional legisla tion. The principles of natural justice will not apply to such legislative function nor it could be imparted into it even by necessary implication. The petitioners have not chal lenged the validity of the sub section (2) of sec. 8 of the Act and even otherwise the said validity has been upheld by a Division Bench of this Court (Shah and Deshpande	 J J) in writ petition No. 706 A of 1982 (The Village Panchayat Chikalthane and Anr. vs The State of Maharashtra and Anr. decided on 23/24 Decem ber	 1982. Therefore	 it cannot be said that the notification issued in exercise of the said legislative power is vitiated by non complaince with the principles of natural justice. The conditions laid down by sec. 3 are fully complied with; a preliminary notifi cation was issued as contemplated by sub section (4) of sec. 3 of the Act; the objec tions and suggestions made by the various citizens and persons were duly considered by the State Government and thereafter the final notification was issued. In the very nature of things there is bound to be difference and variance between the preliminary notification and the final notification. Only because the Ulhasnagar Municipal Council is excluded from the final notification	 it cannot be said that there was any major departure from the prelim inary notification or it was necessary to issue a preliminary notification over again before the final notification was issued in that behalf. " The second factual point to be noted is this: "Due to partition of India in 1947	 the Sindhi people have been uprooted from their homeland and with hard labour they have settled them selves in different parts of the country. One can appreciate their feelings about their anxi 411 ety to maintain their separate entity. If such a large part is forcibly included in the Corporation ignoring their sentiments and wishes	 it may not result in smooth working of the proposed Corporation which is necessary for proper development. It is	 therefore	 desirable to constitute the new Kalyan Corpo ration without including Ulhasnagar for the time being." The High Court was not impressed with the above reason ings. The High Court said that the decision to exclude Ulhasnagar was taken by the Government abruptly and in an irrational manner. The decision was arbitrary and against the purpose of the Act. On the legality of the procedure followed by the Government	 the High Court said: "Once that decision was taken	 it was obliga tory on the part of the Government to recon sider the proposal as a whole so far as the rest of the areas are concerned." Reference was also made to the report of the "Sathe Commission" to fortify the conclusion that Ulhasnagar could not have been isolated. The "Sathe Commission" was a one man Commission appointed by the State Government to enquire and report on the establishment of new Municipal Corporations. The Commission in its report among others	 seems to have indicated that Kalyan	 Ulhasnagar and Ambarnath are one contiguous stretch of territory with a length of about 8 kms. from North West to South East. The High Court then made some general observations as to the purpose for which Municipal Corporations should be constituted went on: "It was the avowed policy after independence to change the socio economic map of the vil lage and town. A corporate life can only be ensured if there is a corporate conscience and an attitude to live together. City is an epitome of the social world where all belts of civilization interest along its avenues. A Municipal Corporation is . . in nature	 where people belonging to different castes	 creeds	 religious and language want to live with each other. Town planning cannot be denominational or fractional. It is not a museum of human beings otherwise Harijan Bastis	 Mominpures and such other Mohallas will have to be preserved to maintain its separate identity and the socio 412 economic map of the village or city will never change. It cannot be forgotten that we are heading towards a global village. By saying this	 we do not want to belittle the achieve ments of sacrifice of the Sindhi Community. However	 that is not very relevant for decid ing the question of the establishment of a Municipal Corporation. Its main object is to ensure better municipal government of the city. It appears that Government was also aware of this and this seems to be the reason why the decision "for the time being is perti nent and clearly indicates that the Government wanted to reconsider the issue at a later stage. However	 unfortunately till today Government has not taken any decision in that behalf. " The High Court	 however	 felt that it was not necessary to quash the notification establishing the Corporation. This is how the conclusion was reached: "It will not be fair to quash the notification as a whole and unsettle the Municipal Adminis tration. In our view	 that is also not neces sary since from the affidavit of the Govern ment	 it is clear that the decision taken in that behalf was tentative	 i.e.	 for the time being and it is not all time permanent deci sion. Under sub section (3) of sec. 3 of the act	 the State Government has power to exclude or include any area specified in the notifica tion issued so far as Ambarnath Town is con cerned	 reconsideration of the present case of the whole matter was absolutely necessary when the decision to exclude the Ulhasnagar Munici pal Council from the proposed Municipal Corpo ration	 	though tentative in nature	 was taken. " Finally	 the operative portion of the Order was put in the following terms: "Therefore	 without setting aside the final notification	 we direct the State Government to reconsider the proposal under sub sec. (3) of sec. 3 of the Bombay Provincial Municipal Corporations Act either to exclude or include any area	 within a period of six months from today. The writ of mandamus to be issued accordingly. It is needless to say that after the necessary steps are taken under sec. 3(3) of the Act	 the State Government shall make the necessary 413 amends in the notification issued. XXX XXX XXX XXX XXX XXX XXX XXX "In the result	 therefore	 the rule is made partly absolute and the State Government is directed to exercise its power under sec. 3 sub sec. (3) of the Act in accordance with law within a period of six months. It is needless to say that the petitioners will be entitled to raise objections and make their suggestions in that behalf after a notification under sub sec (3) read with sub sec (4) of sec. 3 of the Act is issued. Since the popular local self Government is not in existence in any of the Municipal Councils or even in the newly established municipal corporation and having regard to the peculiar facts and circumstances of the case	 in our view	 this is a fit case where the petitioners of these two petitions and All India Sindhi Panchayat Federation should be given a reasonable opportunity of being heard before any final decision in the matter is taken. " Against the judgment of the High Court	 the State Gov ernment has not preferred any appeal. The Kalyan City Corpo ration though vitally concerned with the matter	 has also not appealed to this Court. The present appeals are only by those who were impleaded as interveners in the writ peti tions. We have heard counsel for all parties and gave our best attention to the questions raised by the appellants. Counsel for the appellants reiterated the stand taken by the Govern ment before the High Court. He urged that the State has a wide discretion in the selection of areas for constituting the Corporation and the Court cannot interfere with such discretion. The Court has no jurisdiction to examine the validity of the reason that goes into the decision of the Government. The power to constitute Municipal Corporations under sec. 3 of the Act is legislative in character. It is an extension of legislative process for which rules of natural justice have no application. He said that the Gov ernment in the instant case has complied with the statutory requirements and it was not expected to do anything more in the premises. And	 at any rate	 it is wholly unnecessary according to the counsel to go through that exercise again as the High Court has suggested. 414 The other limb of the argument of counsel for the appel lants relates to the manner in which the High Court disposed of the matter. it was said that a decision of this Court has been disregarded and a binding decision of a co ordinate Bench of the same Court has been ignored. The grievance of the appellants ' counsel	 in our opin ion	 is not wholly unjustified. At the beginning of the judgment	 we have said that the High Court rendered the judgment in a sense against the judicial propriety and decorum. We were not happy to make that observation	 but constrained to say so in the premise and background of the case. It may be noted that the result of the writ petitions before the High Court turns on the nature and scope of the power conferred on the Government under sec. 3 of the Act. A Division Bench of the High Court has taken the view that that power is in the nature of legislative process. That judgment was rendered on 23/24 December	 1982	 by a Bench consisting of Shah and Deshpande	 JJ. It was in writ peti tion No. 706 A of 1982 The Village Panchayat Chikalthana and Another vs The State of Maharashtra and Another	 In that case	 the challenge was to the validity of sec. 3(2) of the Act on the ground that it suffers from the vice of excessive delegation for want of guidelines for the exercise of power. Repelling the contention	 it was held that sec. 3 is in the nature of a conditional legislation and	 therefore	 laying down the policy or guidelines to exercise the power was unnecessary. It was emphasized that the exercise of power under sec. 3(2) is conditioned by only two requirements	 viz.	 (1) previous publication as contemplated by sub sec. (4) of sec. 3 of the Act	 (2) issuance of a notification by the Government after such previous publication. Once the Government publishes such a notification	 the legislation becomes complete and the other provisions of the Act are ipso facto attracted to the Corporation so constituted. This was the view taken by the High Court in Chikalthane case. To reach that conclusion	 the learned judges relied upon the decision of this Court in Tulsipur Sugar Company	 case ; The attention of the High Court in the present case was drawn to the decision in Chikalthane	 case. Counsel for the State and interveners seemed to have argued that the present case really fell fairly and squarely within what was said there. They were indeed on terra firma since the decision in Chikalthane case was a clear authority against every conten tion raised by the petitioners. Faced with this predicament	 counsel for the petitioners urged before the High Court that their case should be referred to a larger Bench to reconsid er the deci 415 sion m Chikalthane	 case. But learned Judges	 (Dharmadhikari and Kantharia	 J J) did not heed to that submission. They neither referred the case to a larger Bench nor followed the view taken in the Chikalthane	 case. It was not as if they did not comprehend the issue to be determined and the prin ciple to be applied. They were very much aware of it when they remarked: "In our opinion	 once it is accepted that this is a piece of conditional legislation	 then it will have to be held that the principle of natural justice would not apply to such a case as held by the Division Bench of this Court in village Panchayat Chikalthane 's case nor it could be said that because under a mistaken notice the Federation was heard	 the denial of such a right to the petitioners will amount to hostile discrimination within the contempla tion of Article 14 of the Constitution of India. " After referring to these simple legal principles	 it is unfortunate that the issue at stake was little explored. The key question raised in the case was side tracked and a new strategy to interfere with the decision of the Government was devised. The learned Judges directed the Government to publish again a draft notification for reconsideration of the matter. They gave liberty to the writ petitioners and the interveners to submit their representations. They ob served that "this is a fit case where the parties should be given a reasonable opportunity of being heard. " They did not quash the impugned notification	 but told the Government to make necessary changes in the light of fresh consideration. All these directions were issued after recording a positive finding that the exclusion of Ulhasnagar from the Corpora tion was arbitrary and irrational. The net result of it is that there is now no discretion with the Government to keep Ulhasnagar away from the Corporation. It would be difficult for us to appreciate the judgment of the High Court. One must remember that pursuit of the law	 however glamorous it is	 has its own limitation on the Bench. In a multi judge court	 the Judges are bound by precedents and procedure. They could use their discretion only when there is no declared principle to be found	 no rule and no authority. The judicial decorum and legal pro priety demand that where a learned single judge or a Divi sion Bench does not agree with the decision of a Bench of co ordinate jurisdiction	 the matter shall be referred to a larger Bench. It is a subversion of judicial process not to follow this procedure. 416 Deprecating this kind of tendency of some judges	 Das Gupta	 J.	 in Mahadeolal Kanodia vs The Administrator Gener al of West Bengal	 AIR 1960 SC 926 said (at 941): "We have noticed with some regret that when the earlier decision of two Judges of the same High Court in Deorajin 's case	 1954 Cal 119) was cited before the learned Judges who heard the present appeal they took on themselves to say that the previ ous decision was wrong	 instead of following the usual procedure in case of difference of opinion with an earlier decision	 of referring no less than legal propriety form the basis of judicial procedure. If one thing is more necessary in law than any other thing	 it is the quality of certainty. That quality would totally disappear if Judges of co ordinate jurisdiction in a High Court start overruling one another 's decision. " The attitude of Chief Justice	 Gajendragadkar	 in Lala Shri Bhagwan and Anr. vs Ram Chand and Anr. 	 ; was not quite different (at 1773): "It is hardly necessary to emphasize that considerations of judicial propriety and decorum require that if a learned single judge hearing a matter is inclined to take the view that the earlier decisions of the High Court	 whether of a Division Bench or of a single	 Judge	 need to be reconsidered	 he should not embark upon that enquiry sitting as a single judge	 but should refer the matter to a Divi sion Bench or	 in a proper case	 place the relevant papers before the Chief Justice to enable him to constitute a larger Bench to examine the question. That is the proper and traditional way to deal with such matters and it is rounded on healthy principles of judi cial decorum and propriety. It is to be re gretted that the learned Judges departed from this traditional way in the present case and choose to examine the question himself. " The Chief Justice Pathak	 in a recent decision stressed the need for a clear and consistent enunciation of legal principle in the decisions of a Court. Speaking for the Constitution Bench Union of India vs Raghubir Singh	 ; learned Chief Justice said (at 766): "The doctrine of binding precedent has the merit of pro 417 moting a certainty and consistency in judicial decisions	 and enables an organic development of the law	 besides providing assurance to the individual as to the consequence of transac tions forming part of his daily affairs. And	 therefore	 the need for a clear and consistent enunciation of legal principle in the deci sions of a Court. " Cardozo propounded a similar thought with more emphasis: "1 am not to mar the symmetry of the legal structure by the introduction of inconsisten cies and irrelevancies and artifical excep tions unless for some sufficient reason	 which will commonly by some consideration of history or custom or .policy or justice. Lacking such a reason	 I must be logical just as I must be impartial	 and upon like grounds. It will not do to decide the same question one way between one set of litigants and the opposite way between another" (The Nature of the Judicial Process by Benjamin N. Cardozo p.33) In our system of judicial review which is a part of our Constitutional scheme	 we hold it to be the duty of judges of superior courts and tribunals to make the law more pre dictable. The question of law directly arising in the case should not be dealt with apologetic approaches. The law must be made more effective as a guide to behaviour. It must be determined with reasons which carry convictions within the Courts	 profession and public. Otherwise	 the lawyers would be in a predicament and would not know how to advise their clients. Subordinate courts would find themselves in an embarrassing position to choose between the conflicting opinions. The general public would be in dilemma to obey or not to obey such law and it ultimately falls into disrepute. Judge learned Hand has referred to the tendency of some judges "who win the game by sweeping all the chessmen off the table". (The Spirit of Liberty by Alfred A. Knopf	 New York (1953) p. 131). This is indeed to be deprecated. It is needless to state that the judgment of superior courts and Tribunals must be written only after deep travail and posi tive vein. One should never let a decision go until he is absolutely sure it is right. The law must be made clear	 certain and consistent. But certitude is not the test of certainty and consistency does not mean that there should be no word of new content. The principle of law may develop side by side with new content but not 418 with inconsistencies. There could be waxing and wanning the principle depending upon the pragmatic needs and moral yearnings. Such development of law particularly	 is inevita ble in our developing country. In Raghubir Singh	 case	 learned Chief Justice Pathak had this to say ; at 767: "Legal compulsions cannot be limited by exist ing legal propositions	 because	 there will always be	 beyond the frontiers of the exist ing law	 new areas inviting judicial scrutiny and judicial choice making which could well affect the validity of existing legal dogma. The search for solutions responsive to a changed social era involves a search not only among competing propositions of law	 or competing versions of a legal proposition	 or the modalities of an indeterminacy such as "fairness" or "reasonableness" but also among propositions from outside the ruling law	 corresponding to the empirical knowledge or accepted values of present time and place	 relevant to the dispensing of justice within the new parameters. And he continued: The universe of problems presented for judi cial choicemaking at the growing points of the law is an expanding universe. The areas brought under control by the accumulation of past judicial choice may be large. Yet the areas newly presented for still further choice	 because of changing social	 economic and technological conditions are far from inconsiderable. It has also to be remembered	 that many occasions for new options arise by the mere fact that no generation looks out on the world from quite the same vantage point as its predecessor	 nor for that matter with the same perception. A different vantage point or a different quality of perception often re veals the need for choicemaking where formerly no alternatives	 and no problems at all	 were perceived. " Holmes tells us: "The truth is	 that the law is always ap proaching	 and never reaching	 consistency. It is forever adopting new principles from life at the end	 and it always retains old ones from history at the other	 which have not yet been absorbed or 419 sloughed off. It will become entirely consist ent only when it ceases to grow." (Holmes the Common Law	 p. 36 (1881). Apart from that the judges with profound responsibility could iII afford to take stolid satisfaction of a single postulate past or present in any case. We think	 it was Cicero who said about someone "He saw life clearly and he saw it whole"; The judges have to have a little bit of that in every case while construing and applying the law. Reverting to the case	 we find that the conclusion of the High Court as to the need to reconsider the proposal to form the Corporation has neither the attraction of logic nor the support of law. It must be noted that the function of the Government in establishing a Corporation under the Act is neither executive nor administrative. Counsel for the appellants was right in his submission that it is legisla tive process indeed. No judicial duty is laid on the Govern ment in discharge of the statutory duties. The only question to be examined is whether the statutory provisions have been complied with. If they are complied with		 then	 the Court could say no more. In the present case the Government did publish the proposal by a draft notification and also con sidered the representations received. It was only thereaf ter	 a decision was taken to exclude Ulhasnagar for the time being. That decision became final when it was notified under Section 3(2). The Court cannot sit in judgment over such decision. It cannot lay down norms for the exercise of that power. It cannot substitute even "its juster will for theirs. " Equally	 the rule issued by the High Court to hear the parties is untenable. The Government in the exercise of its powers under Section 3 is not subject to the rules of natu ral justice any more than is legislature itself. The rules of natural justice are not applicable to legislative action plenary or subordinate. The procedural requirement of hear ing is not implied in the exercise of legislative powers unless hearing was expressly prescribed. The High Court	 therefore	 was in error in directing the Government to hear the parties who are not entitled to be heard under law. Megarry	 J.	 in Bates vs Lord Hailsham of St. Marylebone and Ors.	 while dealing with the legisla tive process under Section 56 of the Solicitors Act	 1957 said (at 1378): "In the present case	 the committee in ques tion has an entirely different function: it is legislative rather than 420 administrative or executive. The function of the committee is to make or refuse to make a legislative instrument under delegated powers. The order	 when made	 will lay down the remu neration for solicitors generally and the terms of the order will have to be considered and construed and applied in numberless cases in the future. Let me accept that in the sphere of the so called quasi judicial the rules of natural justice run	 and that in the administrative or executive field there is a general duty of fairness. Nevertheless	 these considerations do not seem to me to affect the process of legislation	 whether primary or delegated. Many of those affected delegated legislation	 and affected very substantially	 are never consulted in the process of enacting that legislation; and yet they have no remedy. Of course	 the informal consultation of repre sentative bodies by the legislative authority is a commonplace; but although a few statutes have specifically provided for a general process of publishing draft delegated legisla tion and considering objections (see	 for example	 the Factories Act 1961 Schedule 4)	 I do not know of any implied right to be con sulted or make objections	 or any principle upon which the courts may enjoin the legisla tive process at the suit of those who contend that insufficient time for consultation and consideration has been given. I accept that the fact that the order will take the form of a statutory instrument does not per se make it immune from attack	 whether by injunction or otherwise; but what is important is not its form but its nature	 which is plainly legisla tive. " There are equally clear authorities on this point from this Court. The case in Tvlsipur Sugar Co. Ltd. vs The Notified Area Committee	 Tulsipur	 ; was indeed a hard case. But then	 this Court did not make a bad law. There a notification dated August 22	 1955 was issued under Section 3 of the U.P. Town Area covering the petition er 's factory. Consequently	 the octroi was levied on goods brought by the factory management into the limits of Town Area Committee. The Company questioned the validity of that notification. The case pleaded was that the company had no opportunity to make representation regarding the advisabili ty of extending the limits of the Town Area Committee. Venkataramiah	 J.	 as the present learned Chief Justice then was	 while rejecting the contention observed (111920): 421 "The power of the State Government to make a declaration under Section 3 of the Act is legislative in character because the applica tion of the rest of provisions of the Act to the geographical area which is declared as a town area is dependent upon such declaration. Section 3 of the Act is in the nature of a conditional legislation. Dealing with the nature of functions of a non judicial authori ty	 Prof. S.A. De Smith in Judicial Review of Administrative Action (third edition) observes at page 163: "However	 the analytical classi fication of a function may be a conclusive factor in excluding the operation of the audi alteram partem rule. It is generally assumed that in English law the making of a subordi nate legislative instrument need not be pre ceded by notice or hearing unless the parent Act so provides." In Baldev Singh vs State of Himachal Pradesh	 a similar question arose for consideration. An attempt was made to constitute a notified area as provided under Section 256 of the Himachal Pradesh Municipal Act	 1968	 by including portions of the four villages for such purposes. The residents of the villages who were mostly agriculturists challenged the validity of the notification before the High Court on the ground that they had no oppor tunity to have their say against that notification. The High Court summarily dismissed the writ petition. In the appeal before this Court	 it was argued that the extension of notified area over the Gram Panchayat limits would involve civil consequences and therefore	 it was necessary that persons who would be affected thereby ought to be given an opportunity of being heard. Ranganath Misra	 J.	 did not accept that contention	 but clarified (at 515): "We accept the submission on behalf of the appellants that before the notified area was constituted in terms of Section 256 of the Act	 the people of the locality should have been afforded an opportunity of being heard and the administrative decision by the State Government should have been taken after con sidering the view of the residents. Denial of such opportunity is not in consonance with the scheme of the rule of law governing our socie ty. We must clarify that the hearing contem plated is not required to be oral and can be by inviting objections and disposing them of in a fair way. " The principles and precedents thus enjoin us not to support the 422 view taken by the High Court. We may only observe that the Government is expected to act and must act in a way which would make it consistent with the good administration. It is they	 and no one else who must pass judgment on this mat ter. We must	 therefore	 leave it to the Government. In the result and for the reasons stated	 we allow the appeals and set aside the judgment of the High Court. In the circumstances of the case	 we make no order as to costs. Y. Lal Appeals allowed.

On June 19	 1962	 the Government of Maharashtra issued a draft notification under Section 3(3) of the Bombay Provin cial Municipal Corporation Act	 1949 and thereby proposed the formation of "Kalyan Corporation"	 by merging of munici pal areas of Kalyan	 Ambarnath	 Domoivali and Ulhasnagar. The proposal was resented to by the residents of the said areas and many objections and representations by persons	 companies and authorities including the municipal bodies of Ambarnath	 and Ulhasnagar were made. So far as Ulhasnagar was concerned it was stated that Sindhi Community after partition has settled at Ulhasnagar and to keep the identity of Sindhies distinct	 they had formed All India Sindhi Panchayat Federation. The said Federation challenged the draft notification by a Writ Petition before the High Court. On an assurance being given by the Government before the High Court that the representation made by the Federation would be duly considered	 the Writ Petition was allowed to be withdrawn. As per the assurance	 the Federation was given personal hearing on their representation. Only the Federa tion was heard	 none of the other representationists was afforded any hearing though their objections were duly considered. After considering the matter in the manner aforesaid	 the Government decided to exclude Ulhasnagar from the proposed Corporation and accordingly a notification under section 3(2) of the Act was issued. The Corporation was thus Constituted excluding Ulhasnagar. Save as aforesaid no other alteration was made in the notification. 406 The Residents of Ambarnath municipal area were not satisfied. They moved the High Court challenging the validi ty of the notification issued under section 3(2) of the Act. Their main contention was that there has been hostile dis crimination in the matter as only the Federation was heard and none else. They also asserted that the establishment of a Corporation without Ulhasnagar	 keeping in view the geo graphical contiguity was unintelligibe and incomprehensible. According to them it was arbitrary and opposed to the object of the Act. Federation and others interested in the proceedings were allowed to intervene and they supported the stand taken by the Government which was the main respondent. The State pleaded that the formation of Corporation was an extension of the legislative process and as such section 3 was a piece of conditional legislation	 and the notifica tion issued in exercise of that power cannot be said to have been vitiated by non compliance with the principles of natural justice. According to the State it was not obligato ry for the State to issue a preliminary notification over again before the final notification excluding Ulhasnagar was issued. The High Court took the view that the decision to ex clude Ulhasnagar was taken by the State abruptly and in an irrational manner and that the decision was against the object of the Act. On the legality of the procedure followed by the Government	 the High Court held that once a decision was taken	 it was obligatory on the part of the Government to reconsider the proposal as a whole so for as the rest of the areas were concerned. The High Court without quashing the impugned notifica tion directed the State Government to reconsider the propos al under subsection (3) of the Act either to exclude or include any area and accordingly make amends in the notifi cation. It was also directed that the Petitioners and the Federation be given a reasonable opportunity of being heard before any final decision in the matter is taken. Against the aforesaid decision of the High Court only interveners have preferred these appeals. The State and Kelyan City Corporation have not appealed. Counsel for the appellants reiterated the stand taken by the Government before the High Court and urged that the State had a wide discretion in the selection of areas for constituting the Corporation and the Court cannot interfere with such discretion. State 's power to consti 407 tute a corporation is legislative in character and rules of natural justice have no application. It was urged that the state had complied with all the statutory requirements and it was not necessary for the state to go through that exer cise again. It was further urged that the decision of this Court has been disregarded and a binding decision of a co ordinate bench of the same Court in Village Panchayat Chi kalthane & Anr. vs State of Maharashtra has been ignored. Allowing the appeals	 this Court	 HELD: In our system of judicial review which is a part of our constitutional scheme	 this Court holds it to be the duty of Judges of superior Courts and tribunals to make the law more predictable. The question of law directly arising in the case should not be dealt with apologetic approaches. The law must be made more effective as a guide to behaviour. It must be determined with reasons which carry convictions within the Courts	 professions and public otherwise the lawyers would be in a predicament and would not know how to advise their clients. Subordinate Courts would find them selves in an embarrassing position to choose between the conflicting opinions. The general public will be in a dilem ma to obey or not to obey such law and it ultimately fails into disrepute. [417D F] It is needless to state that the judgment of superior Courts and Tribunals must be written only after deep travail and positive vein. One should never let a decision go unless he is absolutely sure it is right. The law must be made clear	 certain and consistent. But ceritude is not the test of certainty and consistency does not mean that there should be no word of new content. The principle of law may develop side by side with new content but not in consistencies. There could be waxing and waning the principle depending upon the pragmatic needs and moral yearings. Such develop ment of law particularly is inevitable in our developing country. [417G H; 418A B] The rules of natural justice are not applicable to legislative activity plenary or subordinate. The procedural requirement of hearing is not implied in the exercise of legislative powers unless hearing was expressly prescribed. [419F] The High Court	 therefore	 was in error in directing the Government to hear the parties who are not entitled to be heard in law; section 3 of the Bombay Provincial Municipal Corporation Act 1949. [419F G] The Government in the exercise of its powers under section 3 is 408 not subject to the Rules of natural justice any more than is legislature itself. [419F] Mahadeolal Kanodia vs The Administrator General of West Bengal	 A.I.R. (1960) S.C.p. 926; Sri Bhagwan and Anr. vs Ram Chand and Anr. 	 ; at 1773; Union of India vs Raghbir Singh	 ; ; The Nature of Judicial Process by Benjamin N. Cardozo; Bates vs Lord Heilsham of St. Marylebone and Others	 1	 W.L.R. 1373; Tulsipur Sugar Co. Ltd. vs The Notified Area Committee	 Tulsipur	 ; and Baldev Singh vs State of Himachal Pradesh	 	 referred to.