Case Note & Summary
The Supreme Court of India considered a writ petition under Article 32 of the Constitution filed by the same three appellants who had earlier filed Civil Appeals No. 2018-2020 of 1968. The petitioners challenged the constitutional validity of Section 6(xvii) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (U.P. Act 1 of 1961) and Rule 4(4) of the Uttar Pradesh Imposition of Ceilings and Land Holdings Rules, 1961, contending that these provisions violated Articles 14, 19(1)(f), 19(1)(g) and 31(1) of the Constitution. The State of Uttar Pradesh argued that the impugned provisions were protected by Article 31B of the Constitution because the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 was included in the Ninth Schedule as item 58. The petitioners countered that the provisions had nothing to do with land reform and that rules made under the Act did not enjoy the protection of Article 31B. The Court observed that the land in dispute was admitted to be a 'holding' within the meaning of Section 3(d) of the Act. It held that if a statutory rule is within the powers conferred by a section of a statute protected by Article 31B, it is difficult to say that the rule must further be scrutinised under Articles 14, 19 and 31. The Court found that Rule 4(4) did not go beyond the powers conferred under Section 6(xvii) read with Section 44 of the Act. Furthermore, the Court held that Section 6(xvii) and Rule 4(4) were part of a scheme of land reform in Uttar Pradesh and were therefore protected from attack under Article 31A of the Constitution. Accordingly, the Court upheld the validity of the impugned provisions, dismissed the writ petition, and ordered no costs.
Headnote
A) Constitutional Law - Fundamental Rights - Article 31B Protection to Statutory Rules - Constitution of India, Article 31B; Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, Sections 6(xvii), 44 - The petitioners challenged Section 6(xvii) of the Act and Rule 4(4) of the Rules as violating Articles 14, 19(1)(f), 19(1)(g) and 31(1). The State contended that the Act was included in the Ninth Schedule as item 58 and therefore protected. Held that if a statutory rule is within the powers conferred by a section of a statute protected by Article 31B, the rule cannot be further scrutinised under those fundamental rights articles; Rule 4(4) did not go beyond powers conferred under Section 6(xvii) read with Section 44, and hence the provisions are valid. (Paras 1-2) B) Constitutional Law - Land Reform Legislation - Article 31A Protection - Constitution of India, Article 31A; Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, Section 6(xvii); Uttar Pradesh Imposition of Ceilings and Land Holdings Rules, 1961, Rule 4(4) - The petitioners argued that the impugned provisions had nothing to do with land reform. Held that Section 6(xvii) and Rule 4(4) are part of a scheme of land reform in Uttar Pradesh and would therefore be protected from attack under Article 31A of the Constitution. The petition was dismissed as the provisions are constitutionally valid. (Paras 1-2)
Issue of Consideration
Whether Section 6(xvii) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 and Rule 4(4) of the Uttar Pradesh Imposition of Ceilings and Land Holdings Rules, 1961 violate Articles 14, 19(1)(f), 19(1)(g) and 31(1) of the Constitution; whether the impugned provisions are protected by Articles 31A and 31B of the Constitution; whether rules made under a statute protected by Article 31B enjoy the same protection.
Final Decision
The Supreme Court held that Section 6(xvii) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 and Rule 4(4) of the Uttar Pradesh Imposition of Ceilings and Land Holdings Rules, 1961 are valid. The writ petition was dismissed with no order as to costs.
Law Points
- A statutory rule made within the powers conferred by a section of a statute protected by Article 31B cannot be further scrutinised under Articles 14
- 19 and 31 of the Constitution
- provisions forming part of a scheme of land reform are protected under Article 31A
- a rule that does not go beyond the powers conferred by the enabling section read with Section 44 of the parent Act is valid
- inclusion of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act
- 1960 in the Ninth Schedule as item 58 shields the Act and intra vires rules from fundamental rights challenge
