- Court
- Supreme Court of India
- Decided
- 21 November 1989
- Bench
- E. S. Venkataramiah, K. N. Singh, N. M. Kasliwal
- Result
- Appeals dismisse\J.
Headnote
Rajasthun Imposition of Ceiling on Agricultural Holdings Act, 1973: Section I5-Validity of-Held protected by Article 3J(A)( J)(a) and not violative of Article 14 of the Constitution of India, 1950.
In these appeals on the question: whether section 15 (as amended) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 was violative of Article 14 of the Constitution oflndia.
Dismissing the appeals, this Court, HELD: Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 was a legislation which was made for the purpose of bringing about agrarian reforms. The provisions of the Act including section 15 (as amended) are protected by Article 3l(A)(l)(a) of the Constitution. Therefore, the attack that section 15 of the Act was violative of Article 14 of the Constitution does not survive. The High Court was right in upholding the validity of section 15 of the Act. [247B; C-D]
Bansidharv. State of Rajasthan, [1989) 2 SCC 557, followed.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
VENKA TARAMIAH, 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 of Rajasthan, [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 Agra-rian Refonn. In view of the above finding, it is clear that the provisions including s. 15 (as amended) contained therein are protected by Article 3 l(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 provi-sions 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 appe-als fail and are dismissed. Interim orders passed if any, in these cases stand vacated.
Case details
Arising from
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 180-83 of 1985 ..
From the Judgment and Order dated 12.9.1983 of the Rajasthan High Court in D.B. (Civil) Spl. Appeal Nos. 35 of 1982, 76, 268 and 270of 1983.
Appearances
S.K. Bagga for the Appellants.
B.D. Shanna for the Respondents.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.