The State Legislature is competent to legislate regarding land, including gallantry award lands, under Item 18 of List II (State List) of Seventh Schedule to the Constitution of India.

AJIT SINGH BAINS, J.

1. In these four writ petitions i.e., C.W. P. Nos. 4351 to 4354 of 1973, which were referred by me vide my order dated 24th Feb.1982, to a larger Bench, the constitutionality of the Punjab Land Reforms Act, 1972 (Punjab Act No. 10 of 1973), hereinafter referred to as the Reforms Act , has been challenged on the ground that the Reforms Act has not exempted the land from its operation which was allotted to the ancestors of the petitioners as gallantry award in recognition of the service rendered in war and that grant of such gallantry award and all matters connected therewith, including the purpose for which these awards are given are directly connected with the defence of the country which is a subject on which only the Parliament of India can legislate and not the State Legislature. Thus, the question which arises for determination is, whether the Punjab Legislative Assembly was competent to enact the Reforms Act relating to the gallantry award lands or was it within the legislative competence of the Parliament of India. It is true that under Ss. 19-D and 19-DD of the Punjab Security of Land Tenures Act, 1953, which is repealed, the gallantry award land was exempted, but under the Reforms Act the same is not exempted.

2. Mr. G. S. Chawla, learned counsel for the State, raised a preliminary objection that the Reforms Act is an agrarian law and its provisions are protected from invalidation under Arts. 31-A and 31-B of the Constitution of India as it is included in the Ninth Schedule thereof and its provisions are intra vires of the Constitution as held by the Supreme Court authorities reported as Dattatraya Govind Mahajan V/s. State of Maharashtra AIR 1977 SC 915, and Nand Lal V/s.State of Haryana, AIR 1980 SC 2097. Admittedly, the Reforms Act is included in the Ninth Schedule of the Constitution and it is protected from invalidation under Arts. 31-A and 31-B of the Constitution, but the argument of Mr. H. S. Wasu, learned counsel for the petitioner, is that he does not challenge the validity of the Reforms Act on the ground of its infringement of any of the Art. 14 or Art. 19 of the Constitution but on the ground of competency of the Punjab State Legislative Assembly. Since the validity of the Reforms Act is not challenged on the ground of infringement of Arts. 14 and 19 of the Constitution, I am of the view that its validity can be challenged on the ground of legislative competency of the State legislature. Thus, the preliminary objection of Mr. Chawla being meritless is overruled.

3. The argument of Mr. Wasu learned counsel for the petitioners, so far as the legislative competency of the State Legislature on the subject is concerned is based on Items Nos. 1 and 2 of List I (Union List) of Seventh Schedule to the Constitution of India, which read as follows:-

(1) Defence of India and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination to effective demobilisation.

(2) Naval, Military and Air Forces; any other armed forces of the Union.

His argument is that the Government has been giving gallantry awards to the army officers and men for exceptional valour and bravery shown in field service and such grants are obviously given by way of an incentive to the army personnel to give their best in the field area, even at the risk and hazard of their life and such grants also give encouragement to the fighting soldiers who show outstanding courage and, thus, the scheme of giving gallantry awards is conducive to the defence of the country. He further argued that grant of such awards and all matters connected therewith including the purpose for which these awards are given, relate to and are connected directly with the defence of the country and thus, the subject is covered by Items (1) and (2) of List I of Seventh Schedule to the Constitution of India and that since these items are within the legislative compe