MERLA RAMA DAS Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This writ petition is filed to strike down explanation to Section 3(i) of the A.P. Land Reforms (Ceiling and Agricultural Holding) Act, 1973 (hereinafter referred to as 'the Act') as unconstitutional and violative of Articles 14, 16 and 21 of the Constitution.

(2.) The main contention of the learned Counsel for the petitioner is that by virtue of explanation to Section 3(i) read with Section 13 of the Act, there is discrimination between the tenants of agricultural lands in Telangana Area of Andhra Pradesh, who are governed by the provisions of the Andhra Pradesh (Telangana Area) Tenancy Act, 1950 (hereinafter referred to as 'the Telangana Area'), and the tenants of agricultural lands in Andhra Area, who are governed by the provisions of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to as 'the Andhra Act') because the benefit being extended to the tenants in Telangana Area is deprived to the tenants in the Andhra Area though they are in the same State and thus Article 14 of the Constitution is violated. By placing strong reliance on Indira Sawhney v. Union of India and others, 1999 (10) Supreme 270, she contended that inasmuch as the preamble to the Constitution emphasizes the principles of equality as the basis of our Constitution and since even constitutional amendments, which amend the basic structure of the Constitution would be ultra vires the powers of Legislature, the explanation to Section 3(i) of the Act being violative of the basic structure of the Constitution i.e., right to equality is liable to be struck down.

(3.) The contention of the learned Assistant Government Pleader is since the Act is included in IX Schedule of the Constitution, validity of any provisions thereof cannot be questioned, by placing strong reliance on Waman Rao v. Union of India, AIR 1981 SC 271.