Validity of the Act.

The Chief Justice.-In this batch of applications filed on behalf of several landholders in the State, a common question arises as to the validity of Madras Act XXX of 1947 and of Madras Act VII of 1951 which amended the former Act in certain particulars. Individual applications also raise other questions, but it was considered convenient to hear and dispose of the main question before dealing with other subsidiary questions. Madras Act XXX of 1947 received the assent of the Governor on the 6th January, 1948. It is called the Madras Estates Land (Reduction of Rent) Act, 1947. The descriptive title runs as follows: "An Act to provide for the reduction of rents payable by ryots in estates governed by the Madras Estates Land Act, 1908, approximately to the level of the assessments levied on lands in ryotwari areas in the neighbourhood."

The following is the preamble to the Act:

"Whereas the rents now payable by ryots in estates governed by the Madras Estates Land Act, 1908, are in many cases substantially higher than the assessments levied on lands in ryotwari areas, in the neighbourhood;

and whereas it is expedient to provide for reduction of such rents approximately to the level of the ryotwari assessments in the neighbourhood."

The Act applies to all estates as defined in section 3, clause (2) of the Madras Estates Land Act, 1908. These estates include zamindaries and major inams. Section 2 of the Act provides for the appointment of a Special Officer for the purpose of recommending a fair and equitable rate of rent in the ryotwari lands in such estate or estates in respect of which he is appointed. He has to first determine in respect of each village in an estate the average rate of cash rent per acre prevailing at the commencement of the Act for each class of ryoti land in that village such as wet, dry and garden. Where no cash rents are prevalent in the village in respect of any class of land, the officer has to determine the average rate of cash rent per acre prevailing for such class of land in the nearest village in the estate for which cash rents are prevalent for such class of land and in which conditions are generally similar to those obtaining in the principal village, or where there is no such village in the estate in the nearest village in the nearest estate in respect of which village both the above requirements are satisfied. The Special Officer has then to determine the average rate of assessment per acre prevailing at the commencement of the Act in respect of each of the classes of land in the nearest ryotwari area in which conditions are generally similar to those obtaining in the estate village. He has then to compare the average rates of cash rent prevailing in the estate village or as determined in the manner aforesaid with the average rates of assessment in the nearest ryotwari area and after making due allowance for any difference in the conditions prevailing in the two cases determine the extent, if any, to which the rates of rent payable for each class of ryoti land in the estate village should be, in his opinion, reduced. He shall then fix the rates of rent payable for each such class of land after such reduction. Explanation I is important, as a point was made on its terms:

"The Special Officer shall have power only to determine that the rents payable for any class of ryoti land in the principal village shall be reduced; and he shall have no power to determine that such rents shall be enhanced."

Explanation II declares that the extent of reduction shall also apply where rent in the village is paid in cash or on the estimated value of the share of the crop and in cases where rent is payable partly in kind and partly in cash. When the Special Officer has completed his task in any estate, he will submit his recommendations to the Provincial Government through the Board of Revenue specifying the extent if any to which the rents for each class of ryoti land in each village or group of villages in the est