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1980 Supreme(SC) 274

A. P. SEN, P. N. BHAGWATI, V. D. TULZAPURKAR, V. R. KRISHNA IYER, Y. V. CHANDRACHUD
Ambika Prasad Mishra – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.SHARMA, ARVIND SHUKLA, B.P.SINGH, LAKSHMI ARVIND, M.S.Gupta, O.P.RANA, P.K.JAIN, P.R.MRIDUL, Prakash Gupta, S.K.Gupta, SUKUMAR SAHU, Veda Vyasa

Judgement Key Points

The judgment describes the Sixth Schedule as a "Constitution within a Constitution," emphasizing its autonomous and fundamental status within the broader constitutional framework (!) . It highlights that the provisions and powers under the Sixth Schedule are integral to the constitutional order and must be exercised within its constitutional limits (!) .

Furthermore, the judgment interprets the powers granted under Paragraph 2(6) of the Sixth Schedule as enabling the Council to make rules concerning the "constitution of District Councils" (!) . This includes aspects related to the "conduct" and "disqualification" of members, provided these rules are aimed at ensuring stability, proper functioning, and integrity of the councils (!) .

The decision underscores that such rules should be consistent with the overarching constitutional principles and should serve the purpose of maintaining order without infringing upon fundamental rights or the core principles of governance established by the Schedule (!) . It also indicates that rules exceeding these boundaries or undermining democratic processes could be challenged as beyond the scope of the Council’s constitutional authority (!) .

In sum, the judgment affirms that the Sixth Schedule grants a broad yet constitutionally bounded authority to regulate internal matters of District Councils, including conduct and disqualification of members, as long as such regulations align with the fundamental constitutional principles (!) .


JUDGMENT

KRISHNA IYER, J. :— This judgment deals with a flood of cases from Uttar Pradesh relating to limitation on agricultural land holdings, and specifically disposes of the writ petitions, civil appeals and petitions for special leave listed below.

2. The prevasive theme of this litigative stream is not anti-land-reform as such but the discriminatory flaws in the relevant legislation which make it unlaw from the constitutional angle.

3. The march of the Indian nation to the Promised Land of Social Justice is conditioned by the pace of the process of agrarian reform. This central fact of our countrys progress has made land distribution and its inalienable ally, the ceiling on land holding the cynosure of legislative attention. And when litigative confrontation with large holders has imperiled the implementation of this vital developmental strategy, Parliament, in exercise of its constituent power, has sought to pre-empt, effectively and protect impregnably such statutory measures by enacting Art. 31A as the very first amendment in the very first year after the Constitution came into force. Consequent on the Constitution (First Amendment) Act, 1951, this court repelled the challeng


































































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