Judgment

SIKRI, J.

( 1 ) THE appellant Chander Sekhar Singh Bhoi, in Civil Appeal No. 854 of 1968, filed a petition under Art. 226 of the Constitution (No. O. J. C. 329/1965) in the Orissa High Court, challenging the Orissa Land Reforms Act of 1960, hereinafter referred to as the Principal Act (Act XVI of 1960) as amended by the Orissa Land reforms Act, 1965 (Act XIII of 1965) hereinafter referred to as the Amending Act. He alleged that he owned about 220 acres of self-cultivated land and that he had about 5 acres of Bhag-char land.

( 2 ) THIS petition was heard along with a number of other petitions by the High Court, and the High Court but its common judgment dated 30/01/1967 disposed of all these petitions The High Court came to the conclusion that chapter III of the Amending Act is a valid piece of legislation or in other words, it does not suffer from any invalidity, but Chapter IV of the Amending Act is unconstitutional and invalid and accordingly it is struck down. The High Court accordingly allowed the petitions in part and directed the State not to give effect to the provisions of Chapter IV of the Amending Act.

( 3 ) THE State filed a number of appeals against that judgment and this Court (Shah and Vaidialingam, JJ.) allowed the appeals by the High Court declaring Chapter IV of Act XIII of 1965 amending Act XVI of 1960 ultra vires (State of Orissa v. Chandra Sekhar. (1970) 1 SCR 539 = (AIR 1970 SC 398) ) Civil Appeals Nos. 1028, 1033 and 1097/1968, 1865-67 and 2487/1969 are by the State of Orissa (hereinafter referred to as the State appeals) but these could not be heard by this Court (Shah and Vaidialingam, JJ.) The present appeal (C. A. No. 854 of 1968) was also not heard with the other appeals.

( 4 ) IN Civil appeal No. 854 of 1968 the appellant urged: (1) That the High Court erred in holding Chapter III of the Act as inserted by Act XIII of 1965 in Act XVI of 1960 ultra vires; and (2) That Chapter IV as inserted by Act XIII of 1965 in Act XVI of 1960 is ultra vires the provisions of the second proviso to Art. 31-A (1) of the Constitution.

( 5 ) IN the other appeals the State urged that the previous decision be followed and the judgment of the High Court set aside. On behalf of the respondent in C. A. No. 1867 of 1969 it is urged that the judgment of this Court is erroneous and needs reconsideration. We may mention that the respondents in the other appeals have not entered appearance.

( 6 ) THE Orissa Land Reforms Act, 1960, received the assent of the President on 17/10/1960 and was published first in the extraordinary issue of the Orissa Gazette dated 11/11/1960. The object of the legislation is given in the preamble which reads:whereas it is necessary to enact a progressive legislation relating to agrarian reforms and land tenures consequent on the gradual abolition of intermediary interest;and WHEREAS it is expedient to confer better rights on agriculturists to ensure increase in food production in the manner hereinafter appearing. Section 1 (3) of the Act provides:it shall come into force in whole or in part, on such date or dates as the Government may from time to time by notification appoint; and different dates may be appointed for different provisions of this Act.

( 7 ) ON 20/06/1964 by virtue of Constitution (Seventeenth Amendment) Act, 1964, the Orissa Land Reforms Act, 1960 was included in the 9th Schedule to the Constitution as entry 52. On 11/08/1965 the Orissa Land Reforms Amending Act 1965 (Act XIII of 1965) received the assent of the President and was first published in the extraordinary issued of the Orissa Gazette dated 17/08/1965. By the Amending Act various provisions of the Principal Act were amended and in particular for the original Chapters III and IV of the Principal Act new Chapters III and IV were substituted.

( 8 ) ON September 25, 1965, a notification under Sec. 1 (3) of the Principal Act was issued bringing the Act into force except Chapters III and IV. A further notification was issu