Dua, J. - (1.) The short question requiring decisions in these appeals on certificate of fitness granted by the High Court of Assam and Nagaland under Article 132 (1) of the Constitution relates to the validity of Section 3 of the United Khasi-Jaintia Hills District (Transfer of Land) Act (No. IV of 1953) (hereinafter called the impugned Act), passed by the United Khasi-Jaintia Hills District Council (hereinafter called 'the District Council'). The High Court struck down this section as beyond the competence of the District Council and also as offending Article 14 of the Constitution. The facts giving rise to these appeals are not in dispute. It is, however, unnecessary to state them because the question of the constitutional validity of Section 3 of the impugned Act falls for determination solely on the interpretation of the relevant provisions of the Constitution without any reference to the facts.
(2.) Part X of the Constitution dealing with the Scheduled and Tribal Areas consists of the solitary Article 244 which provides for the administration of such areas. According to sub-Article (2) of this Article the provisions of the Sixth Schedule of the Constitution apply to the administration of the tribal areas in Assam. By virtue of Para 1 (1) read with Para 20 and Part A of the Table appended to this Schedule the United Khasi-Jaintia Hills District has been constituted into an autonomous District and under Para 2 (1) of the Schedule there has to be a District Council for each autonomous District with not less than three-fourths of its members to be elected on the basis of adult suffrage Para 3 (1) (a) of the Schedule with which we are directly concerned in these appeals, reads as under:- "3. Powers of the District Councils and Regional Councils to make laws:- (1) The Regional Council for an autonomous region in respect of all areas within such region and the District Council for an autonomous District in respect of all areas within the District except those which are under the authority of Regional Councils, if any, within the District shall have power to make laws with respect to - (a) the allotment, occupation or use or the setting apart of land other than any land which is a reserved forest, for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purposes likely to promote the interests of the inhabitants of any village or town: Provided that nothing in such laws shall prevent the compulsory acquisition of any land, whether occupied or unoccupied, for public purposes by the Government of Assam in accordance with the law for the time being in force authorising such acquisition;"
(3.) As its preamble shows the impugned Act was enacted because it was considered "necessary to make provisions in the Autonomous District of the United Khasi-Jaintia Hills with respect to the transfer, allotment occupation or use of land for any purposes likely to promote the interests of the inhabitants thereof". Section 3 thereof provides as follows:- "No land within the District shall be sold, mortgaged, leased, bartered, gifted or otherwise transferred by tribal to a non-tribal or by a non-tribal to another non-tribal, except with the previous sanction of the District Council: Provided that no sanction will be necessary in the case of lease of a building on rent: Provided further (a) That sanction shall not be accorded to the sale from a tribal to a non-trial if the intended transferee either already holds one piece of house property or land in Shillong within 5 miles from the Deputy Commissioner's Court either in his name or in the name or names of other members of his family or falls within the category (in the opinion of the Chief Executive Member) of the class of profiteering landlords: (b) That reason shall be recorded for any refusal of transfer from a tribal to a non-tribal or from a non-tribal to another non-tribal". The narrow question posed in the present controversy is whether Para 3 (1) (a) of the Sixth Schedule confers on the District Council Power to make laws with respect to transfer of land; in other words whether the subject of transfer of land is covered by the expression "allotment occupation or use or the setting apart of land".;