JUDGEMENT
Sambasiva Rao, C.J. -
(1.) Quite a large number
of creditors in the rural areas in the State of
Andhra Pradesh are challenging in these
writ petitions the validity of the Andhra
Pradesh Agricultural Indebtedness (Relief)
Act (VII of 1977), hereinafter referred
to as the Act. After the Legislature
of the Andhra Pradesh passed it, the
Governor of the State reserved it for the
assent of the President of India on the 6th
of April, 1977 and it was given by the
President on the 29th April 1977. The Act
was intended to "to provide relief from
indebtedness to agricultural labourers, rural
artisans and small farmers in the State of
Andhra Pradesh and for matters connected
therewith."
(2.) The indictment of the Act is by way of
challenging the validity of sections 3 (i),
3(t), 4 (1), 4 (2) (b), 5 (1), 5 (4), 6 (4) and 13.
Sri Babulu Reddy who mounted the main
attack on behalf of the petitioners maintained that these provisions offend Article 14
and clauses (f) and (g) of Article 19 (1). He
further arrainged the declaration contained
in section 2 of the Act which was made to give
effect to the principles specified in Article
46 of the Constitution as wholly purposeless
and inpracticable. Other learned Counsel
Sri C. Poornaiah and Sri Venkata Sastry
raised some incidental doubts about the
validity of some of these provisions. They
maintained that the challenged provisions
constitute the core of the Act and if they
fail the test of validity, the entire Act is
rendered ineffective and inoperative.
(3.) It is essential, in order to test the
validity of the impugnment the Act by
the learned Counsel, to have a conspectus of
its essential features and provision. The
Act was preceded by the issuance
of an Ordinance on 29th of December,
1976. Section 2 declares that the Act
"is for giving effect to the policy of
the State towards securing the principles
specified in Article 46 of the Constitution".
Patently this declaration has been made by
the Legislature to bring the Act under the
protective wings of Article 31-C. Section
3 contains definitions. Since the relief
under the Act is proposed to be given
to agricultural labourers, rural artisans and
small farmers, we will first notice their
definitions.;
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