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R.B.MISRA, V.KHALID, G.L.OZA, O.CHHINNAPPA REDDY
ATAM PARKASH – Appellant
Versus
STATE OF HARYANA – Respondent
Chinnappa Reddy, J.—The archaic right of pre-emption based on consanguinity is in question in the several thousand writ petitions under Article 32 of the Constitution. The constitutional validity of section 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 The State of origin of the Punjab Pre-emption Act, the State of Punjab, has repealed the Act in 1973.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 section 15 (l)(a) of the Act was questioned in this Court in Ram Sarup v. Munshi and others, (1963) 3 SCR 858, on the ground that it offended the fundamental right guaranteed by section 19 (I) (f) of the Constitution, It was ruled by a Constitution Bench that there was no infringement of Article 19 (1) (f) and that the provision was valid. The validity of section 15 is now impugned primarily on the ground that it offends Articles 14 and 15 of the Constitution.
2. The right of pre-emption based on consanguinity has been variously discribed by learned Judges as feudal, piratical, tribal, weak, easily defeated, etc. Fusing a
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