AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These are applications under Article 32 of the Constitution impugning the validity of the Rajasthan Land Reforms and Resumption of Jagirs Act No. VI of 1952, hereinafter referred to as the Act. The history of this legislation may be briefly stated. On 20-8-1949 the Government of India appointed a Committee presided over by Sri C. S. Venkatachar to examine and report on the jagirdari and land tenures in Rajputana and Madhya Bharat, the object avowedly being to effect land reforms so as to establish direct relationship between the State and the tillers of the soil and to eliminate all intermediaries between them. By its report dated 18-12-1949 the Committee recommended inter alia the resumption of jagirs and payment of rehabilitation grants in certain cases. (Vide report, page 62). The question of legislation on the subject was taken up by the Government of Rajasthan in 1951, and eventually a Bill called the Rajasthan Land Reforms and Resumption of Jagirs Bill was prepared, and on 31-12-1951 it was approved by the Rajpramukh and reserved for the consideration of the President. On 21-1-1952 the President with held his assent from the Bill, and in communicating this decision, the Deputy Secretary to the Government of India informed the Rajasthan Government that if certain amendments were made in the Bill as presented and a fresh Bill submitted, the President would be willing to reconsider the matter. In accordance with these suggestions, a fresh Bill was prepared in the Ministerial Department incorporating certain amendments, and it was approved by the Rajpramukh on 8-2- 1952, and reserved for the consideration of the President, who gave his assent to it on 13-2-1952. By notification issued on 16-2-1952 the Act came into force on 18-2-1952. Section 21 (1) of the Act provides that:

(2.) ACTING under this provision, the State of Rajasthan issued notifications resuming the jagirs specified therein, whereupon petitions under Article 226 of the Constitution were filed by the persons aggrieved challenging the validity of the Act. These petitions were heard by a Full Bench of the Rajasthan High Court, which held overruling the contentions of the petitioners, that the Act was valid. (Vide Amarsingh v. State of Rajasthan . The present applications have been filed under article 32 impugning the Act on the following grounds:

(3.) ON 15-8-1947 India became independent, and the paramountcy of the British Crown over the States ceased. The question then arose as to the status of the ruling Chiefs. It was soon realised by them that in the larger interests of the country and in their own, they could not afford to keep out of the Indian Union and must throw in their lot with it.