P.T.RAMAN NAYAR, T.C.RAGHAVAN, K.K.MATHEW
V. N. Narayanan Nair – Appellant
Versus
State of Kerala – Respondent
RAMAN NAYAR, C. J. :-The Kerala Land Reforms Act, 1963 (Act 1 of 1964) as originally enacted (the original Act as we shall call it) finds a place in the Ninth Schedule to the Constitution -see Item 39 -and therefore
has the protection of Article 31-B. It has been amended three times, first by Act 12 of 1966, then by Act 9 of 1967, and now by Act 35 of 1969, the amendments made by the last mentioned Act (which we shall call the amending Act) being far-reaching. (To the 132 sections in the original Act, over 50 new sections have been added while over 60 sections have been amended. To the 62 definitions 10 have been added while 20 have been amended. The amended Act is therefore virtually a new piece of legislation). The first of these was enacted by the President while the remaining two have received his assent -it has been contended not in the free and proper exercise of his judgment, but, of course, we cannot go into that -but none of them has been included in the Ninth Schedule. Therefore, such of the provisions of the amended Act (or simply, the Act) as are not part of the original Act (whether they be entirely new provisions or provisions in substitution) cannot claim the
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