Judges : M.A.ANSARI,M.MADHAVAN NAIR
K.P.Kochanujan Thirumulpad - Appellant
Versus
State of Kerala - Respondent
Case No : O. P. No. 1144 of 1960
Decided On : 10/07/1960
Advocates Appeared :
T. N. Subramonia Iyer; S. Subramonia Iyer; P. R. Nambiar; For Petitioner K. V. Surianarayana Iyer; For State V. R. Krishna Iyer; M. M. Abdulkadir; For Petitioner
Privileges - Legislative Proceedings - Kerala Agrarian Relations Bill, 1957 - Art.201 - Art.194 - Legislative Assembly - Court's non-interference with legislative proceedings
Fact of the Case:
The petitioner, claiming to be a landlord at Ernakulam, filed a writ petition against the State of Kerala, seeking to prevent the passage of the Kerala Agrarian Relations Bill, 1957, alleging infringement of his property rights. The petitioner argued that the Bill, passed by the former Legislative Assembly, could not be reconsidered by the new Assembly after a general election. The new Assembly had already commenced reconsideration of the Bill.
Finding of the Court:
The Court declined to interfere with the legislative proceedings, citing the privileges enjoyed by the Legislative Assembly under Art.194. The Court held that it cannot issue a writ to prevent the Assembly from exercising its legislative powers, even if the petitioner's fundamental rights were threatened. The Court also noted that the petitioner's delay in seeking relief indicated that the threat to his rights was not immediate or severe enough to warrant judicial intervention at that stage.
Issues: The issues before the Court included whether the new Assembly could reconsider the Bill passed by the former Assembly, and whether the petitioner's fundamental rights were being threatened by the passage of the Bill.
Ratio Decidendi: The Court's decision was based on the privileges and immunities of the Legislative Assembly, as provided under Art.194, which precluded judicial interference with legislative proceedings. The Court also considered the petitioner's delay in seeking relief as an indication that the threat to his fundamental rights was not immediate or severe enough to warrant judicial intervention at that stage.
Final Decision: The petition was dismissed, and the Court declined to issue the writ or any other order sought by the petitioner. The Court also dismissed the interim injunction application and ordered the petitioner to pay the costs.
1. We are in the happy position of having to decide this writ petition, after hearing very able arguments by the advocates of both the parties; and we wish to include, in acknowledging the assistance, the junior lawyers of both the parties as well, who have been assisting the seniors in the case.
2. The events, that have led to the powers of this Court being invoked by the writ petition, can be shortly narrated. The petitioner claims to be a landlord at Ernakulam and entitled to the usufructs of the lands owned by his family. He complains that the provisions of the Kerala Agrarian Relations Bill, 1957, relating to scaling down of rent, slab rate regarding compensation, ceiling, and automatic deprivation of ownership on an appointed date, amount to inroads on his rights of property. He further claims the provisions to be expropriatory, discriminatory, opposed to the petitioner's fundamental rights, and create a new type of landlordism of the tenant. It is common ground that the aforesaid Bill had, on June 10, 1959, been passed by the then Legislative Assembly of this State; and a copy of the Bill, signed by the Speaker of the Assembly, was presented to the Governor, who, under Art.200, reserved the Bill for the consideration of the President of the Republic. That Article provides that when a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor, and the Governor shall declare either that he assents to the Bill, or that he with-holds assent therefrom, or that he reserves the Bill for the consideration of the President. Before the direction under Art.201 had been issued, the Legislative Assembly was dissolved on July 31, 1959.
3. At this stage, it would be of advantage to state what is the President's authority under Art.201, that reads as follows:
"When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:
Provided, that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State, together with such a message as is mentioned in the first proviso to Art.200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration".
The President's directive has been received on July 27, 1960, and states that the Bill be returned to the Legislative Assembly, with the message that the House will reconsider Clause.2 (20), 2 (39), 7,15,18, 37, 57, 60, 71 and 74 of the Bill, and, in particular, consider the desirability of introducing in the Bill the several modifications recommended in the direction. The Assembly, to which these recommendations been made, had been elected in February, 1960; and the subsequent steps, by which the aforesaid directive and the recommendations have come to the new Assembly, are not disputed. His Excellency the Governor has on August 2,1960, communicated the direction to the Speaker of the new Legislative Assembly, which is in conformity with R.108 of the Rules of Procedure and Conduct of Business in the Kerala Legislative Assembly. Thereunder, when a Bill, which has been passed by the Assembly, is returned by the Governor for reconsideration by the Assembly, the point or points referred for consideration, shall be put before the Assembly by the Speaker, and shall be discussed and voted upon in the same manner as amendments to a Bill, or in such other way as the Speaker considers most convenient for their consideration by the Assembly. There are further Rules concerning such reconsid
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