AGARWALA, J.:- This is a petition under Art.226 of the Constitution by two jagirdars of certain villages in the territories formerly forming part of the State of Rampur and now part of the State of Uttar Pradesh. The jagirdars had to pay no land revenue to the State and paid only a cess called the Chaukidara Tax. They were proprietors of the land comprised within their respective jagirs.

2. The State of Uttar Pradesh passed an Act, called the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act I of 1951) which came into force on 26-1-1951. The Act did not apply in the first instance to the territories formerly forming part of the State of Rampur, now the District of Rampur, but S.2 of the Act empowered the State Government to extend the Act to the district of Rampur "subject to such exceptions or modifications, not affecting the substance" as the State Government may, by notification, specify in this behalf. The proviso to S.2 lays down:

"Provided that, when this Act or its provisions are so extended to such areas or estates, with or without exceptions or modifications, so much of any Act or Regulation in force therein as is consistent with this Act or the provisions so extended or with any modifications made therein, shall be deemed to have been repealed."

In exercise of the powers thus conferred upon the State Government by S.2 of the Act, the State Government issued two notifications: (1) No.3168, dated 30-6-1954, whereby the U.P. Zamindari Abolition and Land Reforms Act was extended, subject to the modifications and amendments mentioned in a Schedule appended to the notification, to the Rampur district and (2) No.3169 dated 1-7-1954, whereby the vesting order under S.4, Zamindari Abolition and Land Reforms Act 1 of 1951 was made in exercise of the powers conferred by sub-s. (1) of S.4 of the Act.

The result was that all the estates situate in the former Rampur State excluding the estates owned by the State Government and certain other estates became vested in the State of Uttar Pradesh free from all encumbrances.

3. The main point for consideration in this petition is whether the Notifications mentioned above are ultra vires the State Government and are invalid or not.

4. The validity of Notification No.3168 is challenged on two grounds:

(1) that the modifications made by it (as specified in the schedule) in the original U.P. Zamindari Abolition and Land Reforms Act, as extended to the former Rampur State, affect the "substance" of the enactment, and

(2) that the provisions in the aforesaid schedule whereby certain laws already in force in Rampur have been repealed are ultra vires on the ground that the power of repeal could not be delegated by the Legislature nor could be exercised by the delegate.

5. As regards the second notification it is alleged that if the first is invalid, this also must be held to be invalid.

6. As regards the first objection, it was at first urged that most of the amendments as set out in the schedule in the notification were of substance, but later on learned counsel confined his arguments to three amendments only, namely those made in S.3(8), S.44 and S.32 of the original Act. Before we deal with these amendments it is desirable to examine the scope of the expression "not affecting the substance" occurring in S.2(1) of the Act. Section 2(1) runs as follows:

"The State Government may by notification in the Gazette apply the whole or any provision of this Act to any of the following areas or estates subject to such exceptions or modifications, not affecting the substance, as the circumstances of the case may require."

Substance means "essential nature, essence; that which constitutes an essence of a thing; the essential part", (see the New English Oxford Dictionary). Therefore the restriction imposed upon the exceptions and modifications which the State Government is authorised to make is that the modifications and restrictions should not amount to an alteration of the essential nature of the en