THE STATE OF BOMBAY v. Ali Gulshan

Even . if it is conceded that the law contemplates only two purposes, namely, State purpose and Union to see how finding accommoda purpose, tion for the staff of a foreign consulate is a Union Item 11 in the Union purpose and not a State purpose. trade repre "diplomatic, consular and sentation" as one of the subjects within the legislative competence of Parliament, and under article 73 of the Constitution,• the executive power of the Union shall extend to all such matters. It can hardly be said · that securing a room for a member of the staff of a foreign consulate amounts consular representation, and is a purpose of the Union for which the State .It legislate. was conceded by Mr. Rajinder Narain, Counsel to providing for cannot therefore 1955 The State of Bombay v. Ali Gulshan Chandrasekhar a Aryar ]. 2 S.C.R. SUPREME COURT REPORTS 871 there is no duty cast upon the Respondent, Union to provide accommodation consulate staff, and this must be so, when we remember that the routine duties of . a Consul in modem times are to pro interests and promote the commercial affairs tect the of the State which he represents, and that his powers, to those p:rivileges and immunities are not analogous of an ambassador. The trade and commerce of State which appoints him with the State in which he located are his primary concern. The State of is primarily interested in its own trade and Bombay commerce and the efficient discharge of his duties consul functioning within the State. by the foreign We are inclined to regard the purpose for which the requisition was made in this case more as a State pur pose than as a Union purpose. In any event, as already pointed out, "other public purpose" is a distinct category the State of Bombay can legislate, .as the acquisition or requisi tioning of property except ·· for the purposes of Union, is within its competence under item 36 of the State List. for which There is another way of looking at the question in volved. An undertaking may have · three different facets or aspects, and niay serve the purpose of a State. the purpose of the Union and. a general public pur pose. ·. Even the requisition of a room for the accommodation of a member of a Con sulate as one appertaining to a Union purpose, it does not necessarily cease to be a State purpose or a gene In this view also, the requisition ral public purpose. in this case must be held to have been validly made. if one may regard For the reasons given above, the appeal is allowed is restored with costs through- and the order of Tendolkar J. . payable out. the appellant by the respondent ·