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Is Pondicherry Part of India?

India's Constitution, Article 1(3)(c), states that any area acquired by India becomes part of its territory. However, how this acquisition occurs and its purpose is unclear. This ambiguity arose in the case of Pondicherry, a region transferred from French to Indian control via a treaty. The case of N. Mastan Sahib v. Chief Commissioner, Pondicherry, addressed whether Pondicherry was indeed part of India and clarified Article 12 of the Constitution, which defines government authority.

Facts of the Case 

Two civil appeals were filed after the Chief Commissioner of Pondicherry, acting under the Motor Vehicles Act, 1939, made decisions about a transport permit. In 1958, applications were invited for a transport route, but before processing, the Motor Vehicles Act was extended to Pondicherry in June 1959. The Chief Commissioner later granted the permit to a different applicant, leading to appeals and petitions questioning the jurisdiction of the court.

Legal Issues

1. Is Pondicherry part of India?
2. What constitutes the acquisition of a territory?
3. Can the Supreme Court issue directives to authorities controlled by India but located outside its territory?
4. Does Article 12 include quasi-judicial authorities?
5. Can the Supreme Court entertain special leave petitions against orders from outside India?

Supreme Court Observations 

The respondent argued that special leave under Article 136(1) could only apply within Indian territory. The appellant countered that Article 12 defines the state to include areas under government control, thus Article 32 should apply. However, the Supreme Court noted inconsistencies between Articles 12, 32, 136, and 226, given Pondicherry's quasi-judicial status and foreign jurisdiction under the Foreign Jurisdiction Act, 1947.

The Court sought clarification from the Indian Government on Pondicherry’s status:

1. Is Pondicherry part of India due to the 1954 Merger Agreement with France?
2. If not, what is the extent of India’s jurisdiction over Pondicherry, including administrative and defense responsibilities?

Decision 

The Government stated that while Pondicherry was under India's de facto control, it wasn't officially part of India as no de jure transfer had occurred. Thus, the Supreme Court dismissed the petitions, noting that petitioners could reapproach if Pondicherry officially became part of India.

The Court recommended that the Government consider legislative action to extend High Court and Supreme Court jurisdiction to areas under foreign jurisdiction.

Analysis and Conclusion