JUDGMENT

CHINNAPPA. REDDY, J.:— The archaic right of pre-emption based on consanguinity is in question in the several thousand writ petitions under Art. 32 of the Constitution. The constitutional validity of S. 15 of the Punjab Pre-emption Act, 1913 as applicable in the State of Haryana which incorporates this right is challenged. The State of origin of the Punjab Pre-emption Act, the State of Punjab, has repealed the Act in 1973. The Act, however, continues to be in force in the State of Haryana which originally formed part of the State of Punjab. The vires of S. 15(1)(a) of the Act was questioned in this Court in Ram Sarup v. Munshi, (1963) 3 SCR 858 on the ground that it offended the fundamental right guaranteed by Art. 19(1)(f) of the Constitution. It was ruled by a Constitution Bench that there was no infringement of Art. 19(1)(f) and that the provision was valid. The validity of S. 15 is now impugned primarily on the ground that it offends Arts. 14 and 15 of the Constitution.

2. The right of pre-emption based on consanguinity has been variously described by learned judges as feudal, piratical, tribal. weak, easily defeated, etc.* Fusing as it does the ties of blood and soil, i