KRISHNA MURTHY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Quite a large number of creditors in the rural areas in the State of Andhra Pradesh are challenging in these writ petitions the validity of the Andhra Pradesh Agricultural Indebtedness (Relief) Act. 1977 (Act No. 7 of 1977) hereinafter referred to as the Act. After the Legislature of Andhra Pradesh Passed it, the Governor of the State reserved it for the assent of the President of India on the 15th of April. 1977 and it was given by the President on the 29th of April, 1977. The Act was intended "to provide relief from indebtedness to agricultural labourers, rural l artisans and small farmers in the State of Andhra Pradesh and for matters connected therewith."

(2.) The indictment of the Act is by way of challenging the validity of Sections 3 (i) 3( t), 4 (1), 4 (2) (b), 5 (1), 5 (4), 6 (4) and 13. Sri Babulu Reddy who mounted the main attack on behalf of the petitioners, maintained that these provisions offend Art, 14 and cls. (f) and (g) of Art, 19 (1). He further arraigned the declaration contained in S. 2 of the Act which was made to give effect to the principles specified in Art. 46 of the Constitution a, wholly purposeless and impracticable. Other learned counsel Sri Poornaiah and Sri Venkata Sastry raised some incidental doubts about the validity of some of these provisions. They maintained that the challenged provisions constitute the core of the Act and if they fail the test of validity, the entire Act is rendered ineffective and inoperative.

(3.) It is essential in order to test the validity of the impugnment of the Act by the learned counsel, to have a conspectus of its essential features and provisions. The Act was preceded by the issuance of an Ordinance on 29th of Dec., 1976. Section 2 declares that the Act "is for giving effect to the policy of the State towards securing the principles specified in Art. 46 of the Constitution" Patently this declaration has been made by the Legislature to bring the Act under the protective wings of Art. 31-C Section 3 contains definitions. Since the relief under the Act is proposed to be given to agricultural labourers, rural artisans and small farmers, we will first notice their definitions,