JUDGMENT

VENKATACHALA, J. — Question of constitutionality of the Arbitration (Orissa Second Amendment) Act, 1991, to be referred to hereinafter as the 1991 Amendment Act, which has amended the Arbitration Act, 1940, to be referred to hereinafter as the Principal Act, in its application to the State of Orissa, arises for our consideration and decision in the present writ petitions filed under Article 32 of the Constitution.

2. Petitioner in Writ Petition No. 1151 of 1991 had entered into two contracts with the Orissa Government in the year 1969 and 1970 for construction of high level bridges ( one over the river Daya and another over the river Rushikulya. Any dispute to arise between the parties under the said contracts, was required to be resolved by having recourse to Arbitration under the Principal Act because of the Arbitration clause that stood incorporated in each of them, by agreement of parties. The Orissa Government which rescinded both the contracts ( one in the year 1974 and another in the year 1975, it appears, did not concede to the petitioners claim, exceeding rupees one crore made in relation to each of them. This situation appears to have led the petitioner to institu