STATE OF BIHAR Vs. MAHARAJADHIRAJA SIR KAMESHWAR SINGH OF DARBHANGA

JUDGEMENT

(1.) THESE appeals and petitions which fall into three groups raise the issue of the constitutional validity of three State enactments called

(2.) THE common aim of these statutes, generally speaking, is to abolish zamindaries and other proprietary estates and tenures in the three States aforesaid, so as to eliminate the intermediaries by means of compulsory acquisition of their rights and interests, and to bring the raiyats and other occupants of lands in those areas into direct relation with the Government. The constitutionality of these Acts having been challenged in the respective State High Courts on various grounds, the Bihar Act was declared unconstitutional and void on the ground that it contravened article 14 of the Constitution, the other grounds of attacks being rejected, while the other two Acts were adjudged constitutional and valid. The appeals are directed against these decisions. Petitions have also been filed in this Court under article 32 by certain other zamindars seeking determination of the same issues. The common question which arises for consideration in all these appeals and petitions is whether the three State Legislatures, which respectively passed the three impugned statutes, were constitutionally competent to enact them, though some special points are also involved in a few of these cases.

(3.) IT will be noted, however, that articles 31 -A and 31 -B afford only limited protection against one ground of challenge, namely that the law in question is "inconsistent with, or takes away or abridges any of the rights conferred by any provisions of this Part". This is made further clear by the opening words of article 31 -A "notwithstanding anything in the foregoing provisions of this Part". The Amendment Act thus provides no immunity from attacks based on the lack of legislative competence under article 246, read with the entries in List II or List III of the Seventh Schedule to the Constitution to enact the three impugned statutes, as the Amendment Act did not in any way affect the Lists. Mr. P. R. Das, leading counsel for the zamindars, accordingly based him main argument in these proceedings on entry 36 of List II and entry 42 of List III which read as follows :