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"The first question we discussed was the basis of administration of Hyderabad. There were two choices before us. The first was to administer the State under Martial law; the second, which was more acceptable from all points of view, was to carry on the administration with the co-operation and in the name of the Nizam. The Nizam whom I saw that same afternoon was ready to co-operate.
Shiva Lal and I then sat together to work out a formula which without affecting the subordination of the Military Governor in service matters to the G. O. C.-in-G., Southern Command, invested him not only with full executive authority, but also with power to issue regulations having the force of law. The formula was embodied in a Firman which was promulgated by the Nizam on the following day. This Firman provided the basis for authority we exercised in Hyderabad until the new Constitution came into force.' It is thus clear that the Military Governor did not seek to administer the State under the Martia law, but exercised his authority derived from the Nizam. The Firman referred to in the passage was issued by the Nizam on 18-9-1948 and published in the Gazette (Extraordinary) dated 20-9-1948, and is in the following words :

It is maintained by the learned Counsel for the petitioners that this Firman has not invested the Military Governor with any authority for the administration of the State but merely recognised the independent authority which the Military Governor possessed as a representative of the Union of India and did not have the effect of conveying any authority to him to administer the State;, having regard to the language employed therein. This result flows from the nature of the first two clauses of toe Firman. The operative words of the document do not indicate that any power was sought to be conferred on the Military Governor, argues the learned Counsel.

7. That the import of the earlier part of the Firman is the one attributed to it by us could be gathered from the second Fiman issued on 7-8-1949 which is in the following words :

"With reference to my Firman dated 19-9-1948, in which I referred to the fact that all authority for the administration of the State now vests in the Military Governor, I hereby declare that the said authority includes and has always included authority to make Regulations."

This declaration, in our opinion, establishes beyond doubt that the Nizam regarded himself as the source of all the authority of the Military Governor whether it be in the executive or the legislative fields. This clarification would not be needed if be had nothing to do with the original conferment if authority on the Military Governor. The third Firman dated 1-12-1949 appointing Mr. M.K. Vellodi to be the Chief Minister in the place of the Military Governor and directing that "all the power of administration including powers of legislation vested in the Military Governor before the said date are exercisable by the Chief Minister," has also the same effect.

10. It was next urged that whatever might have been the intention of those who drafted the Firman the language had not given expression to it. The language of the Firman is not adequate to convey such a concept. The wording by which the sovereign powers are sought to be conferred should be specific and unambiguous. In the absence of it, the delegation of powers cannot be inferred. We are unable to accept this contention.

It is an act of a sovereign in the exercise of his supreme powers and no particular words or a special form is needed to clothe an individual of his choice with power to do anything which he himself could have done. In our opinion, the object and intention of the Nizam are clearly expressed in the Firman.