S.H. Kapadia, C.J. - (1.) Some doctrines die hard. That certainly is true of the doctrine of basic structure of the Constitution.
(2.) Against this backdrop, we need to examine the constitutional validity of the Constitution (Thirty- fourth Amendment) Act, 1974. By the said Amendment Act, the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (for short "the Janmam Act (Act 24 of 1969)") stood inserted in the Ninth Schedule to the Constitution as Item No. 80. Facts
(3.) In 1961, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (for short "the 1961 Act") was enacted. However, by virtue of Section 73(v), the said Act was made inapplicable to Hill Areas. On 6.12.1969, the Janmam Act (Act 24 of 1969) was enacted but not notified till 27.11.1974. The Janmam Act (Act 24 of 1969) was enacted inter alia to provide for acquisition of the rights of janmis in Janmam estates in the Gudalur taluk of the Nilgiris district and for the introduction of ryotwari settlement in such estates. On 26.10.1970, the Madras High Court dismissed nine writ petitions filed by the janmis challenging the constitutional validity of the Janmam Act (Act 24 of 1969). By a judgment dated 19.4.1972 delivered by a Constitution Bench of this Court in the case of Balmadies Plantations Ltd. v. State of Tamil Nadu, (1972) 2 SCC 133, it was held that the Janmam Act (Act 24 of 1969) was immune to challenge from Articles 14, 19 and 31 as it was an Act for acquisition of an estate under Article 31A with one exception of acquisition of forest lands which could not be considered as agrarian reforms under Article 31A in the absence of anything in the Act to show the purpose for which the forest land stood acquired (see para 18). Consequently, acquisition of forest lands was held to be violative of the Constitution. Meanwhile on 29.6.1972, the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Act, 1972 (Act 20 of 1972) (for short "the Ceiling Act (Act 20 of 1972)") was passed so as to extend the provisions of the principal Act. Proceedings were initiated under the Ceiling Act (Act 20 of 1972) in regard to non-plantation lands of the petitioner(s) (plantations being exempted from the purview of the Ceiling Act (Act 20 of 1972)). Under the Ceiling Act (Act 20 of 1972), a family was not entitled to hold lands in excess of the ceiling area, i.e., 15 standard acres (see Section 5 read with Section 7 of the Ceiling Act (Act 20 of 1972)). Hence, under the Ceiling Act (Act 20 of 1972), the petitioner(s) was entitled to hold 15 standard acres per family. On 1.7.1972, the Ceiling Act (Act 20 of 1972) was notified and made applicable to Hill Areas. Thus, 1.7.1972 became the notified date under Section 3(31) of the Ceiling Act (Act 20 of 1972). By the Ceiling Act (Act 20 of 1972), it was inter alia provided that if by virtue of the Ceiling Act (Act 20 of 1972) the total extent of the land held by any person exceeded the ceiling area then in relation to such person the date of commencement of the Ceiling Act (Act 20 of 1972) will mean 1.3.1972. On 20.11.1972, the petitioner(s) herein submitted their returns under the Ceiling Act (Act 20 of 1972). On 24.7.1973, the authorized officer wrote to the petitioner(s) that he would inspect their estates on 4.8.1973. On 24.4.1973 came the decision of this Court in His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala, (1973) 4 SCC 225. This date, namely, 24.4.1973 is crucial as it is the cut-off date under the judgment of this Court in Waman Rao v. Union of India, (1981) 2 SCC 362. It was held in Waman Rao (supra) that all amendments to the Constitution made on or after 24.4.1973 and by which the Ninth Schedule to the Constitution stood amended from time to time by inclusion of various Acts and Regulations therein were open to challenge on the ground that they, or anyone or more of them, are beyond the constituent power of the Parliament since they damage the basic or essential features of the Constitution or its basic structure. Consequently, all such amendments to the Constitution made on or before 24.4.1973, by which the Ninth Schedule stood amended from time to time, were held to be valid and constitutional. On 17.8.1973, the authorized officer under the Ceiling Act (Act 20 of 1972) informed the petitioner(s) that the action under the Ceiling Act (Act 20 of 1972) stood temporarily deferred. Soon thereafter on 7.9.1974, the Janmam Act (Act 24 of 1969) was inserted as Item No. 80 in the Ninth Schedule of the Constitution by the Constitution (Thirty-fourth Amendment) Act, 1974. On 25.11.1974, the Collector of Nilgiris issued a notice to the petitioner(s) herein asking them to hand over the possession of their lands under the Janmam Act (Act 24 of 1969). On 27.11.1974, as stated above, the Janmam Act (Act 24 of 1969) stood notified. Till this date, no proceedings were taken under the Ceiling Act (Act 20 of 1972). Hence, ceiling was not determined till that date. In fact on 16.12.1974, writ petitions were filed by the petitioner(s) herein seeking a direction to the State to complete proceedings under the Ceiling Act (Act 20 of 1972) and to refrain from proceeding under the Janmam Act (Act 24 of 1969). On 23.9.1976, the writ petitions were dismissed by the Madras High Court against which Special Leave Petition No. 8994 of 1976 was filed in this Court; leave was granted by this Court as Civil Appeal No. 1345 of 1976. In 1988, writ petition No. 242 of 1988 was also filed by the petitioner(s) under Article 32 of the Constitution in which vide order dated 17.2.1989, a Division Bench of this Court referred the case to the Constitution Bench (see, (1989) 3 SCC 282). On 14.9.1999, a Constitution Bench of this Court referred the matters to a larger Bench of 9-Judges (see (1999) 7 SCC 580). Finally, by a judgment of 9-Judge Constitution Bench dated 11.1.2007 in Civil Appeal Nos. 1344-45 of 1976 etc. etc. reported as I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1, this Court answered the reference by holding Article 31B as introduced by the Constitution (First Amendment) Act, 1951 to be valid. Applying the tests laid down in I.R. Coelhos case, the 9-Judge Constitution Bench directed the Civil Appeal Nos. 1344-45 of 1976 with Writ Petition Nos. 242 of 1988 and 408 of 2003 to be placed for hearing before a 3-Judge Bench for decision in accordance with the principles laid down therein. Accordingly, these matters have now come before us. In these matters, we are required to apply the principles laid down in I.R. Coelhos case in the matter of challenge to the Janmam Act (Act 24 of 1969) on the ground that the said Act is beyond the constituent power of the Parliament since the Janmam Act (Act 24 of 1969) damages the basic or essential features of the Constitution. Points for Consideration;