SUKHDARSHAN SINGH ETC. ETC. v. STATE OF RAJASTHAN

Citation: [1989] SUPP. 2 S.C.R. 246

Court: Supreme Court of India

Bench: E.S. VENKATARAMIAH, K.N. SINGH, N.M. KASLIWAL

Case summary

In these appeals the appellants have questioned the validity of Section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973.

Judgment text

The Order of the Court was delivered by SUKHDARSHAN SINGH v. STATE OFRAJASTHAN IVENKATARAMIAH,J. ] 247 VENKATARAMIAH, CJ. In these appeals the appellants have questioned the validity of Section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. It is not disputed that this Act was enacted by the Rajasthan Legislature for bringing about Agrarian Refonns in the State ofRajasthan. The validity of some of the provisions of the Act came. up for consideration before this Court in Bansidharv. State ofRajasthan, [1989] 2 SCC 557 before a Constitution Bench of this Court and this Court made declaration that the Rajasthan Imposition of Ceiling Agricultural Holdings Act, 1973 was a legislation which was made for the purpose of bringing out Agrarian Refonn. In view of the above finding, it is clear that the provisions including s.

15 (as amended) contained therein are protected by Article 3l(A)( l)(a) of the Constitution notwithstanding the fact that some of these provisions contravened Articles 14 and 19. The Grounds urged in respect of the appeal are that Section 15 (as amended) in question was violative of Article 14. Since the provisions of the Act as already stated are protected by Article 31(A)(l)(a), the attack does not survive. The High Court was therefore right in upholding the validity of Section 15 of the Act. Therefore, there is no ground to interfere with the Judgment of the High Court. These appeals fail and are dismissed. Interim orders passed if any, in these cases stand vacated. T. N. A. Appeals dismisse\J.