SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, CJI., P.N. BHAGWATI, V.R. KRISHNA IYER, V.D. TULZAPURKAR AND A.P. SEN, JJ.
Ambika Prasad Mishra, Petitioner
Versus
State of U.P. and others, Respondents.
Writ Petn. No. 1543 and Civil Appeal No. 1379 of 1977, Writ Petns. Nos. 838, 2360-2363 of 1978 and S. L. P. (C) Nos. 1927 of 1979 and 2333 and 2530 of 1978 and S. L. P. (C) No. 2529 of 1978 and W. P. No. 228 of 1979
Decided on 9-5-1980.
Mr. M. S. Gupta, Advocate (in W. Ps. Nos. 1542, 1543, 838 and C. A. 1379 of 1977).
Advocates appeared
Mr. Arvind Kumar, Mrs. Lakshmi Arvind and Mr. Prakash Gupta, Advocates (in S. L. Ps. Nos. 1727, 2333 and 2530 of 1978).
Mr. P. R. Mridul, Sr. Advocate, Mr. R. K. Jain and Mr. Sukumar Sahu, Advocates (in W. Ps. Nos. 2360-63 of 1978).
Mr. Veda Vyasa, Sr. Advocate, Mr. S. K. Gupta and Mr. A. K. Sharma, Advocates (in S. L. P. No. 2599 and W. P. No. 228 of 1979), for Petitioners.
Mr. B. P. Singh Chauhan, Addl. Advocate-General, U. P. and Mr. C. P. Rana. Advocate, for Respondents.
Constitution of India, 1950 - Article 31B, 31C and 31D - Constitution (First Amendment) Act, 1951 - Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 - Limitation on agricultural land holdings - Special leave - Ceiling on land holding cynosure of legislative attention - And when litigative confrontation with large holders has imperiled implementation of this vital developmental strategy, Parliament, in exercise of its constituent power, has sought to pre-empt, effectively and protect impregnably such statutory measures by enacting Art. 31A as very first amendment in very first year after Constitution came into force - Forensic landscape is cluttered up in this court with appeals and writ petitions and petitions for leave to appeal, common feature of each of which is a challenge to validity of one or other of State laws imposing ceiling on land holding in an inegalitarian milieu of landed few and landless many - Whether agrarian reform, with all fanfare and trumpet, has seriously taken off ground or is still in hangar ? – Held, Although a mere election manifesto cannot be basis for fixation of a date, significance is depeer in that it was virtually announcement of political government of its pledge to people that agrarian policy would be revised accordingly - Details are not necessary except to encumber this judgment – Court would emphasise that brief of State when meeting constitutional challenges on ground of arbitrariness must be a complete coverage, including an explanation for date of enforcement of provision impugned - Such as for instance, contention that S. 38B of Act which understandably excludes res judicata is challenged as violative of basic structure of Constitution and otherwise exceeds legislative competence – Court do not think there is need to dilate on every little point articulated by one or other of numerous advocates who justify their Writ Petitions or civil appeals by formal expression of futile submissions - Court dismiss all appeals and all writ petitions and all special leave petitions with costs one set in all.
The judgment describes the Sixth Schedule as a "Constitution within a Constitution," emphasizing its autonomous and fundamental status within the broader constitutional framework (!) . It highlights that the provisions and powers under the Sixth Schedule are integral to the constitutional order and must be exercised within its constitutional limits (!) .
Furthermore, the judgment interprets the powers granted under Paragraph 2(6) of the Sixth Schedule as enabling the Council to make rules concerning the "constitution of District Councils" (!) . This includes aspects related to the "conduct" and "disqualification" of members, provided these rules are aimed at ensuring stability, proper functioning, and integrity of the councils (!) .
The decision underscores that such rules should be consistent with the overarching constitutional principles and should serve the purpose of maintaining order without infringing upon fundamental rights or the core principles of governance established by the Schedule (!) . It also indicates that rules exceeding these boundaries or undermining democratic processes could be challenged as beyond the scope of the Council’s constitutional authority (!) .
In sum, the judgment affirms that the Sixth Schedule grants a broad yet constitutionally bounded authority to regulate internal matters of District Councils, including conduct and disqualification of members, as long as such regulations align with the fundamental constitutional principles (!) .
JUDGMENT
KRISHNA IYER, J. :— This judgment deals with a flood of cases from Uttar Pradesh relating to limitation on agricultural land holdings, and specifically disposes of the writ petitions, civil appeals and petitions for special leave listed below.
2. The prevasive theme of this litigative stream is not anti-land-reform as such but the discriminatory flaws in the relevant legislation which make it unlaw from the constitutional angle.
3. The march of the Indian nation to the Promised Land of Social Justice is conditioned by the pace of the process of agrarian reform. This central fact of our countrys progress has made land distribution and its inalienable ally, the ceiling on land holding the cynosure of legislative attention. And when litigative confrontation with large holders has imperiled the implementation of this vital developmental strategy, Parliament, in exercise of its constituent power, has sought to pre-empt, effectively and protect impregnably such statutory measures by enacting Art. 31A as the very first amendment in the very first year after the Constitution came into force. Consequent on the Constitution (First Amendment) Act, 1951, this court repelled the challenges to land reform laws as violative of fundamental rights in State of Bihar v. Kameshwar Singh, AIR 1952 SC 252 but the constant struggle between agrarian reform legislation and never-say-die litigation has led to a situation where every such enactment has been inevitably accompanied by countless writ petitions assailing its vires despite Art. 31A, not to speak of the more extensive Chinese walls like Arts. 31B, 31C and 31D. The forensic landscape is cluttered up in this court with appeals and writ petitions and petitions for leave to appeal, the common feature of each of which is a challenge to the validity of one or other of the State laws imposing ceiling on land holding in an inegalitarian milieu of the landed few and the landless many. Of course, the court is bound to judge the attack on the legislative projects for acquisition and distribution, on their constitutional merits and we proceed to easy the task with special reference to the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (abbreviated hereafter as the Act). Several counsel have argued and plural objections have been urged but we will grapple with only those contentions which have been seriously pressed and omit others which have either been only formally mentioned or left to lie in silent peace, or but feebly articulated. In this judgment, we side-step the bigger issue of the vires of the constitutional amendments in Arts. 31A, 31B and 31C as they are dealt with in other cases disposed of recently. Indeed, the history of land reform, in its legislative dimension has been a perennial race between judicial pronouncements and constitutional amendments.
4. The anatomy of the Act must be scanned as a preliminary exercise so that the constitutional infirmities alleged may be appreciated in the proper setting. The long title gives the primary purpose of the Act as imposition of ceiling on land holdings in Uttar Pradesh and the Preamble amplifies it further. All this is tersely spelt out in the Statement of Object and Reasons which runs thus:
"With a view to provide for more equitable distribution of land by making the same available to the extent possible to landless agricultural labourers and to provide for cultivation on co-operative basis and to conserve part of the available resources in land so as to increase the production and up reserve stock of foodgrains against lean years by carrying on cultivation on scientific lines in State-owned farms, it is expedient to impose ceiling on existing large land holdings. It is necessary to provide some land to the village communities for their common needs, such as establishment of fuel and fodder reserves. The Bill is, therefore, being introduced to promote the economic interest of the weaker section of community and to subserve the
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