(1.) In these matters we are confronted with a very important yet not very easy task of determining the nature and character of protection provided by Article 31B of the Constitution of India, 1950 (for short, the 'Constitution') to the laws added to the Ninth Schedule by amendments made after 24th April, 1973. The relevance of this date is for the reason that on this date judgment in His Holiness Kesavananda Bharati, Sripadagalvaru v. State of Kerala and Anr.1 was pronounced propounding the doctrine of Basic Structure of the Constitution to test the validity of constitutional amendments. Re : Order of Reference
(2.) The order of reference made more than seven years ago by a Constitution Bench of Five Judges is reported in I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu2 (14.9.1999). The Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 (the Janmam Act), insofar as it vested forest lands in the Janmam estates in the State of Tamil Nadu, was struck down by this Court in Balmadies Plantations Ltd. and Anr. v. State of Tamil Nadu3 because this was not found to be a measure of agrarian reform protected by Article 31 -A of the Constitution. Section 2(c) of the West Bengal Land Holding Revenue Act, 1979 was struck down by the Calcutta High Court as being arbitrary and, therefore, unconstitutional and the special leave petition filed against the judgment by the State of West Bengal was dismissed. By the Constitution (Thirty -fourth Amendment) Act, the Janmam Act, in its entirety, was inserted in the Ninth Schedule. By the Constitution (Sixty -sixth Amendment) Act, the West Bengal Land Holding Revenue Act, 1979, in its entirety, was inserted in.the Ninth Schedule. These insertions were the subject -matter of challenge before a Five -Judge Bench.
(3.) The contention urged before the Constitution Bench was that the statutes, inclusive of the portions thereof which had been struck down, could not have been validly inserted in the Ninth Schedule.
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