JUDGMENT

Gwyer, C.J. - This is a special reference which His Excellency the Governor-General has been pleased to make to the Court Under Section 213, Constitution Act. The questions referred are:

(1) Does either the Hindu Women's Rights to Property Act, 1937(Central Act, 18 of 1937), which was passed by the Legislative Assembly on 4th February 1937, and by the Council of State on 6th April 1937, and which received the Governor-General's assent on 14th April 1937, or the Hindu Women's Rights to Property (Amendment) Act, 1938(Central Act, 11 of 1938), which was passed In all its stages after 1st April 1937, operate to regulate (a) succession to agricultural land? (b) devolution by survivorship of property other than agricultural land?

(2) Is the subject of devolution by survivorship of property other than agricultural land included in any of the entries in the three Legislative Lists in Schedule 7, Government of India Act, 1935?

2. There being no "opposite party" properly so called to this reference, it was not considered necessary or useful to serve any parties with notice of the reference. But as the Court desired to hear the various possible viewpoints presented and argued, it suggest