PURUSHOTHAMAN NAMBUDIRI versus THE STATE OF KERALA

(1) S.C.R. SUPREME OOURT REPOR~

PURUSHOTHAMAN NAMBUDIRI

THE STATE OF KERALA

(P. B. GAJENDRAGADKAR, A. K. SARKAR, K. N. WANCHOO, K. C. DAS GUPTA and

N. RilAGOPALA AYYANGAR JJ.)

.Agrarain Relations-Constitutional validity of enaetment-Di8solution of State A8'embly pending President's asBent-Re· consideration of Bill by New Asseml,ly-Pandarvaka Verumapat· tom and Puravaka l,a.nds-JJ amount to estales-"Estate", meaning of-Kerala Agrarian Relations Act, 1.960 ( Kerala 4 of 1961).-Constitution of India Arts. 31A, 172, 194(3), 196, 200, 201.

The Kerala Agrarian Relations Bill was introduced in the Kerala Legislative Assembly on December 21, 1957, and was ultimately passed by it on June JO, 1959. It wa• then reserved by the Governor of the State for the assent of the President under Art. 200 of the Constitution of India. Meanwhile, on July 31, 1959, the President issued procla-mation under Art. 356 and the Assembly was dissolved. In February 1960 fresh elections took place in Kerala and on July 27,1960, the President for whose assent the Bill was pend-ing sent it back with his message requesting the Legislative Assembly to reconsider the Bill in the light of the amendments suggested by him. On October 15, 1960, the Bill as amended in the light of the President's recommendations was pac;sed by the A'8embly. It then received the assent of the President on January 21, 1961, and became law as the Kerala Agararian Relations Act, 1960. The petitioner challenged the validity of the Act on the ground that the Bill which was pending before the President for his assent at the time when the Lcgis· lativc Assembly was dissolved lapsed in consequence of the said dissolution and so it was not competent to the President to give his assent to lapsed Bill with the result that the said assent and all proceedings taken subsequent to it were consti-tutionally invalid.

Ht!d, that the Constitution of India radically departs from the practice obtaining in the Parliament of the United Kingdom under which Bilis not assented to before the dissolu-tion of the Houses arc treated as having lapsed on that event occuring. Under Art. 196 of the Constitution ": Bill which is pending assent of the Governor or the Prestdcnt does not lapse on the dis>olution of the Legislative Assembly of the State.

IHI December 1.

1161 l'urwhoth11m01t N amhvdiri v.

Tiu 81a11 of Kttala

Held, further, that the consideration of the remitted Bill by the new Legis)ati\'e Assemhly diet not violate the provisions of Art. 201 of the Con<titution.

Per Gajendragadkar, Sarkar. Wancboo and Das Gupta, JJ.-(1) Clause (5) of Art. 196 of the Constitution of India deals exhaustively with the circumstance-s under "·hich Bil1s would lapse on the di,,olution of the L·~islative Assembly of State, and all cases not faJJing within it~ scope are not , aubject to the doctrine of lapse of pending business on the dissolution of the AS>embly.

\2) Under Ans. 200 and 201 th-.re is no time limit within which the Governor or the President should reach decision on the Bill referred to him for his assent and those Articles do not rrquire that th• mil which is sent back with the message of the Governor or the Pn·sident should be to the same House which had considered it in the first instance.

Per Ayyangar, J.-(1) Bill before the legistative Assembly of State ceasrs to be pending, uncfrr Art. 196(5) when it has pa!!!ed through all the proe<dure pr.scribed for its passage through the Home and bas been pa•sed by it, and not deemed as pendin~ beforr the Hou<e till the receipt of the assent of the Governor or the President as the case may be. (2) Though under Art. 172 each Le~islative A"enihly of State is conceived of a• having' life of Jimitecl duration, in Art. 201 the expression "The House of the Legislature" . used in the sense of House regarded as permanent body.' Attom•y-Gmeralfor New South Wal~• v. Pennie, [1896) A.C. 376, relied on. .The Kerala Agrarian Relations Act, I 960, was enacted with the object of providing for the acq11isition of c.rtain types of agricultural lands in the State beyond the 'pecific maximum extents laid down in the statute. 'fhe petitioner who was the owner of certain lands in Trichur of which 900 acres were classified in the land records of the State as Pandar.lvaka Verumpattom lands and the remaining were enttred as Puravaka lands, claimed that the lands did not con5titute estates under Art. 31A(2)1a) and, therefore, the Act wiu not applicable to them. His ca<c wao (!) that as rrgards Pandaravaka Verumpattom land" he wa~ paying rent to the State calculated as proportion of the gross yield of the properties, that he held the lands under the State as tenant and that a5 he WaJ not an intermediary between the State and the tiller of the soil, the lands were not an eata•e under cl. 2 (al of Art. 31A, and (2) that the Puravaka lands were held under Jenmi and that as they had within it1 scope particular form of ]and-holding known as kanom

(l) S.C.R.

tenancy they were outside the purview of cl. 2 (a). It was not disputed that the proclamation issued by the Ruler of Cochin on March 10, 1905, was the relevant existing law for the pur-pose of deciding whether the prope1 ties of the petitioner, were an estate under Art. 31A (2)(a). Under cl. 13 of the proclama-tion the holders of the Pandaravaka Verumpattom tenure acquired full rights t<;> the soil of the lands and held them subject to the liability to pay the aS>essment to the State. Clause 15 provided that in the ca" of Puravaka Lands the J enmi was recognised as owning proprietorship in the land and entitled to share the produce with the cultivator and the State.

Held, that the lands held by the petitioner on Puravaka tenure satisfied the test as to what constituted an estate under Art. 31A(2)(a) of the Constitution and, therefor~, the provi-sion of the Kerala Agrarian Relations Act, 1960, were appli-cable to them.

Held, further (Ayyangar, J., di88enting), that the basic concept of the word "e1tate..-as used in Art. 31A(2){a) of the Constitution is that the person holding the estate should be proprietor of the soil and should be in direct relationship with the State paying land revenue to it except where it is remitted in whole or in part. If term is used or defined in any exis-ting law in local area which corresponds to this basic con-cept of estate that would be the local equivalent of the word ''estate" in the area. It is not necessary that there must be an intermediary in an estate before it can be called an estate within the meaning of Art. 31A(2)(a).

Shri Ram Ram Narain Medhi v. State of Bombay, (1959] Supp. l S.C.R. 489, Atma Ram v. 8tate of Punjab, [1959) Supp. I S.C.R. 748, 8hri Mohadeo Paikoji Kolhe Yavatmal v. State of Bombay, (1962] l S.C. R. 733 and The State of Bihar, v. Rameshwar Pratap Narain Singh, [1962] 2 S.C.R. 382. relied on.

The holder of lands held on Pandaravaka Verumpattom tenure was proprietor of the lands and held the lands sub-ject to the liability to pay the a55essment to the State and therefore, Pandaravaka Verumpattom could be regarded a• loacal equivalent of an estate under cl.2(a) of Art. 31A. 382.

Per Ayyan~ar, J.-(l) The word "estate" in sub ch.(a) and (b) in Art. 31 A(2) has the same meaning and signifies lands held by an intermediary who stood between the State and the actual tiller of the soil an~ also the interests of those in whose favour there had been alienation of the right to revenue.

IHI

l'urushothaman Naml·11!liri •• Stall of Kerala

1k Stall of Kerala

1Hl PwMJliothoman .Nambuti&11 v. TM Start of KnolO

SUPREME OOURT REPORTS [1962] SUPP.

(2) The First Amendment to the Constitution did not bring within the definition of an <Slate ht Art. 31A(2)(al the holding of pe1sona other than intrrmeciiarics or tho~e who held land under grants on favourable tenurCi from Covl:'rnmr:nt.

(3) lands held hy ryotwari proprietor other than thooe in 'estates' would not Le an estate within sub-cl. (a) of Art. 31.'\(2), nor the interest of such ryot in his holding an 'interest in an estate' v.:ithin sub-cl. (b).

(4) The word 'inrludrs' in Art 31A(2)(b) is used in 1the sense of 'means and includrs•

(5) The holdrr ('f Pandaravaka Vmimpatt<·m tenur.e was in the position of ryotwari pattadar, and, thcreforr., hts lands were not an estate withi~ the meaning of Art. 31A(2). (6) The lands held by the p•titioner on Puravaka tenure were within Art. 31A(2) b<came they -..ere lands b<longing to Jcnmi and so covered by thr: definition of an estate as amended bv virtue of the Fourth Amendment to the Constitntion'.

ORIGINAL Jl'RISillCTION : Petition No. 105 of

1961. P1>tition under Art. 32 of the Constitution of India for the cnforc~ment of Fundam,..ntnl Right!'. A. V. ViM~·anatlia Sastri, ,'If. K. B. Xamburdri-pal and llf. R. K. Pillai, for the petitioner.

M. C. S-.talvad AU-0rmy.{]encral of India, K. K.

Mathew, Advor.ate Genera.I for the State of Kerala, Sardar Bahadu.r, George PwJi.,sary and V. A. Scyid Muhammad, for the respond.,nt.

T.~P. .Judgment of P.B.

l!J6l. December 5.

Gajondragadkar, A. K. Sarkar, 1(. N. Wanchoo and K. C. D8.8 Gupta., JJ., was delivN"d by Gajendra-gadkar, J.. N. Rajagopa.la Ayy.rngar, J., delivered separate judgmt>nt.

GAJllNDRAGADKAR, J. -'!'his pctiliun has been file<l under Art. ;~2 of the Cc>nstitut.irm and it seeks to challenge the validity of the Kenda Agra-rian ltela.tions Act, 1960 (Act 4 of 196 l) (hereafter called the Act). Tho petitioner owns about I, 250 nr res of land in the Kera la State. These lands wr·re originally situated within the t•n;t.while State of Cochin which now forms part of the Kera.la State.

Out of the lands owned by the petitioner nearly

900 acres are classified in the land records main-tained by the State as Pandaravaka. holdings while the remaining lands are cle.ssified as Puravaka hold-ings. By his petition the petitioner claims decla-ration that the Act is ultra vires and unconstitu-tional and prays for writ of certiorari or other -appropriate writ, order or direction against the respondent, the State of Kerala, restraining it from implementing the provisions of the Act. It appears that notification has been issued by the respondent on February 15, 1961, directing the implementa-tion of ss. l to 40, 57,58,60, 74 to 79 as well as ss. 81 to 95 of the Act from the date of the notification. The petitioner contends that the notification issued under the Act is also ultra vires, unconstitutional and illegal and as such he wants an appropriate writ or order to be issued quashing the said notifi-cation. That in brief is the nature of the reliefs claimed by the petitioner.The Kerala Agrarian Relations Bill which has ultimately become the Act was published in the Government Gazette of Kerala 011December18,1957, and was introduced in the Kerala Legislative Assem-bly on December 21, 1957, by the Communist Government which was then in power. The bill was discussed in the Assembly and was ultimately passed by it on June 10, 1959. It was then reserved by the Governor of the State for the assent of the President under Ait. ZOO of tlie Constitution. Mean· while, on July 31, 1959 the President issued pro-clamation under Art. 356 and the Assembly was dissolved. In February 1960 mid-term general elec-tions took place in Kerala and as result coali. tion Government came into power. On July 27,1960, the President for whose assent the bill was pending sent it back with his message requesting the Legis-lative Assembly to reconsider the bill in the light of the specific amendments suggested by him. On August 2, 1960, the Governor returned the bill

Pur1lJh;Jtha~nan Nambudiri v. The State of KnaltJ GcJenclratadkar J.

remitted by the President with his message and the amendments suggested by him to the new Assemblv for consideration. On September 26, 1960, the amendments suggested by the President · .w. ere taken up for consideration by the Assembly J. · 'and ultimately on Octa. er 15, 1960, the bi 1 as 1 amended in the light of the President's reeommen-.--· dations was passed by the Assembly. It then received tho assent of the President on January 21, 1961, and after. it thus became law the impugned notification was issued by the respondent on Febru-,/ ary 15, 1961. On March 9, 1961, the present writ . petition was filed.

1961 Purushothamon Nambutliri •• The Stat~ of K1rala. Gajmdragadk111 J. ·

' Broadly st'lted three pol~ts fall to ·be consi-dered in this petition. The petitioner challenges tho validity of the Act on the preliminary ground that the bill which was pending before the President for his afsent at the time when the Legislative Assembly was dissolved lapsed in conspquence of the said dissolution and so it was not competent to the President to give his assent to lapsed bill with the result that the said assent and all pro-ceedings taken subsequPnt to it are constitutionally invalid. If this preliminary point is upheld no further question would arise and the petition will have to be allowed on that ground alone. If how-ever, this preliminary challenge to the validity of the bill does not succeed the respondent raises its · . preliminary objection that the Act is protected . under Art. 31 (l) (a) and as such its validity cannot l:e challenged on the ground that it is incon-sistent with, or takes away, or abridges, any of the rights conferred by Arts. 14, 19 and 31. This point raises the question as to whether the properties owned and possessed by the petitioner are an "estate" within the meaning of Art. 31 (2) (a). If this question is answered in the affirmative then. the Act would be protected under Art. 31 (1) (a) and the challenge to its validity on the ground that it is inconsistent with Arts. 14,19 and 31 will not

survive. If, however, it is held that the whole or

any part of the properties with which the petitioner is concerned is outside the purview of "estate" as described by Art. 31 (2) (a) the challenge to the validity of the Act on the merits would have to be considered. The petitioner contends that the material provisions of the Act contravenes the fun-damental rights guaranteed by Arts. 14, 19 (I) (f} and 31 of the Constitution. That is how three principal points would call for our decision in the present writ petition.

Let us first examine the argument that the

bill which was pending the assent of the President at the time when the legislative Asse1?bly was dis-solved has lapsed and so no further proceedings could have been validly taken in· rPspect of it. In support of this argument it is urged that wher-ever the English parliamentary form of Government · prevails the words "prorogation" and. "dissolution" have acquired the status of terms of art and their significance and consequence are well settled. The argument is that if there is no provision to the contrary in our Constitution the English conven-tion with regard to the consequence of i;lissolution should be held to follow even in India. There is no doubt that, in England, in addition to bringing session of Parliament to close prorogation puts an end to all business which is pending con-sideration before either House · at the time of· such prorogation ; as result . any procee-dings either in the House or in any Committee of the house lapse with the session Dissolution of Parliament is invariably · preceded by prorogation, and what is true about the result of prorogation is, it is said, fortiori true about the result of dissobtion ('). · Dissolution of Parliament is sometimes described as "a• civil death of Parliament " ([2]). Ilbert, in his work on

(I) Vitk : Ridge•s "COnstitutional Law," 8th ed .• p. 39 ; Earl Jowitt'a "The Dictionary of Enaiisb Law"' p. 1427. (2) Wharton's "Law ~xicon," p. 336.

111111 Puruahotham an Nombutfiri v. Tht Stat• of K '1ala G.jentlra1adkar J.

1961 PJ1t1Uholh1MU1n Nrmibudiri v. %'ht Slo~ of Kiral.

760 SUPREME COURT RE"POR'fS [1962) SUPP.

'Parliament', bas obsl•rved that "prorogation means the end of session (not of Parliament)"; and adds that "like dissolution, it kills all bills which have not yet passed". Ho also describes dissolution as an "encl of Parliament (not merely of ~rs­sion) by royal procl~mation", and observes that "it wipes the slate cle11n of all uncompleted bills or other procec<lings". Thus, the petitioner contends that the inP.vitable conventional conseq1H'nee of <lissolution (!f Parliament is that there is civil death of Parliam<mt. and all uneomplef cd business pending before Parliament lapses.

In this eonncetion it would be relevant to see how Parliament is prorcgurd. This is bow prnroga-tion is deti('ribed in May's "Parliami;ntary Practice": "If Her l'l-!ajeoty attends in pcrnou to prorogue Padiament at the end of tho sesoion. the same ceremonies arc obsernd as at the 01wniug of Parlia-ment: the attendance of the Commons in 1 he House of Peers i~ commanded; and, on their iLrrival at the bar, the Speaker addresses Her MajcHty, on present-ing the supply bills, and ad\·eits to the lll'>Ft impor-tant measures that have receive<! the ~anction of Parliament during the ses8ion. The royal aBBcnt is then gi\•en to the bills which aro awaiting that sanc-tion, and Hrr Majesty's speech is read to both Houses of Parliament by herself or by her Chancel-lor; after which the Lord Chancellor, h'lving receiv-ed directions from Her Majesty for that purpose, addresaeR both Houses in this manner: "My Lords and Members of the House of Commons, it is Her llajesty'H royal will and pleasure that this Parlia-ment be prorogued (to certain day) to be then here holden; a.nd this Parliament is accordingly prorogued" ('). According to May, the effect of prorogation is at once to strnpend all busineBS until Parliament shall be summoned again. Not only are tho proceedings of Parliament at an end but all proceedings pending at the timo arn quashed except (l> May's "Parliamenlary Practice,'' 1Glh ed., p. 214.

(1) S.C.R. SUPREME COURT REPORTS

impeachment by the Commons and appeals before the House of Lords. Every bill must therefore be rdnewed after prorogation as if it had never been introduced. To the same effect are the statements in Halsbury's "Laws olf England" (Vide: Vol. 28, pp. 371, 372, paragraphs ti48 to 651). According to Anson, "prorogation ends the session of both Houses simultaneously and terminates all pending bu~iness. bill which has passed through some stages but which is not ripe for royal assent at the <late of prorogation must begin at the eariiest stage when Parliament is summoned again and opened by speech from the throne" ([1]). It would thus he seen that under Engli~h parliamentary practice bills which have passed by both Houses and are awaiting assent of the Crown receive the royal assent before the Houses of Parliament are prorogned. In other words, the procedure which appears to be invariably followed in proroguing and dissolving the Houses shows that no bill pending royal assent is leff outstanding at the time of prorogation or dissolution. That is why the question as to whether bill which is pending assent lapses as result of prorogation or dissolution does not normally arise in England. Thus, there can be no doubt that in Ene;land the dissolution of the Houses of Parlia-ment kills all b11siness pending before either House at the time of dissolution. According to the petitio· ner, under our Constitution the result of dissolution should be held to be the same; and since the bill in question did not receive the assent of the President before the Assembly was dissolved it 8hould be held that the said bill lapsed.

This argument ·has taken another form. The duration of the Legislative Assembly is prescribed by Art. 172( l ), and normally at the end of five years the life of the Assembly would come . to an end. Its life could come to an end even before the expiration of the said period {l) Anson's "Law and Custom of The Constitution," Vol. 1, 5th ed:, p.73.

Purusl.othtJman J{ambudiri Y. The Staf1 of Ktrala Gaj1nd,agadkar J.

/YU Pllft1sltotliaman N ambwliri .. TJ,, S1of1 of K "°'" Gojtndrogodkar J.

of five years if during the e&id five yea.rs the Presi· dent acts under Art. 356. In any case there is no continuity in th<' personality of the Assembly where th<> life of one ABBPmbly comes to an end and an· other AAsembly is in due course elected. ff that he so, bill paAsed by "ne Assembly <',imnot, on well recognised principles of d<'mocratic govern· ment. be brougl1t back to th"e successor Assembly as though change in t.he personality of the Assfmbly had not taken place. The scheme of the Constitution in regard to the duration of the life of State Legislative Assembly, it is urged, supports the argument that with the dissolution of the i\ssembly all businf'ss pending before the Assembly a\. tbe date of diBBolution must lv.pse. This posit ion would bo consonant with the well recognised principles l•f democratic rule. The Assembly derives it8 sovereign power to legislate essentially because it represents the will of the citizens of the State, and whPn one Assembly has been dissolved .'J.nd another has been elected in its place, the successor Assembly cannot be required to carry on with the business pending before ita predecessor, because that would assume continuity of personality which in the eyes of the C»nstitution does not exist. Therefore, sending the bill back to the successor Assembly with the message of the President would be inconsisk•nt with this basic principle of democracy.It is also urged that in dealing with the effect of the relevant. provi8iuns of the legis-lative procedure prescribed by Art. !!)() it would he neceBSary to bear in mind that the powers of the legislature which arc recog-nised in England will also be available to the State Legislature under Art. 194 (3). The argument is that whether or not a. successor Legislati1•e AB<lem· bly can carry on with the business pending before its predcceB<!or at the time of itA dissolution is really

matter of the power of the Legislature and as such the powers of the Legislative Assembly shall be "ouch as may from time to time be defined by the Legislature by law, and, until so defined, shall be those of the House of Commons of Parlia-ment of the United Kingdom, and of its Members and Committees, at the commencement of this Constitution". In other words, this argument. assu-mes that the oonventional position with regard to the effect of dissolution of Parliament which prevails in England is expressly saved in India by virtue of Art. 194(3) until definite law is passed by the State Legi~lature in that behalf to the contrary. It would be no.ticed that this argu-ment purports to supply constitutional basis for the contention which we have already set out that the word "dissolution" is term of art and its effrct should be the same in India as it is in England. It may incidentally be pointed out that the corresponding provisions for our Parlia-ment are contained in Art. 104(3).

As we have already mentioned there is no doubt that dissolution of the House of Parliament in England brings to close and in that souse kills all business pending before either House at the time of dissolution; but, before accepting the broad argument that this must, inevitably be the conse-quence in every country which has adopted the English Parliamentary Corm of Government it would be necessary to enquire whether there are any provi-sions made bv our Constitution whieh deal with the matter; and if the relevant provisions of our Constitution provide for the solution of the problem it is that solution which obviously must be adopted. This position is not disputed. Therefore, in deter-mining the validity of the contentions raised by the petitioner it would be necessary to interpret the provisions of Art. 196 and determine their effect. The corresponding provisions in regard to the

Purushothaman Nambudi•i v.

7 ht State of K1rala Gajendragadkar J,

Pruushoth1.trttn Nambudiri v.

7 ht S/att of Ktrola

legislative procedure of Parliament are contained in Art. 107.

Tho argument base<l on the provisions of Art.

l94(:J) is, in our opinion, €'ntirely misconceived. The powers, privileges and immunitit•S of Stnte-LcgiBlnturcs and thdr Dl< rnhe1s with which th11 said Article deals have no refHencc or relevance r o the l<;gislalive procedure which is the subject· matter of the provitiions of Art. 196. In the context, the wor<l 'powers' Utied in Art. 194(3) must be con-sidered along with the words "pr.ivileges and immu-nities,. to which the said clause refers, and thore can be no doubt that the s.1id word can have no re-ference to the effect of dissolution with which we arc concorncd. The powers of the House of the Legislature of State to which reference is ma<le in Art. 194(J) may, for instance, refer to the powers of the House to punish cont<.>mpt of the House. The two topics are entirely different and distinct and the provisions in respect of one cannot be invoked in regard to the other. Therefore, there is no constitutional basis for the argument that unl<•ss the J:..Cgislaturo by law has made contrary pro-vision the English convention "with regard to the effect of dissolution shall prevail in this country.What then is the roault of the provisions of Art. HJ6 which deals with the legislative procedure an<l makes provisions in rcgar<l to the introduction and pas,ing of bills? Befur.: deal-ing with this question it may be useful to refor to some relevant provisions in regard to the State Legislature under the constitution. Article 168 pro-vides that for every State there shall be Legisla-ture which shall consi~t of the Governor and {a) in the States of Bihar, Bombay, .Madhya Pradesh, Madras, :\1ysore, Punjab, l.Jttar Pradesh and West Bengal, two Houses, al.Id (b) in other States, one House. In the present petition we a1 concerned with tho State of Kerala which has only one House

(1) S.C.R. SUPREME COURT REPORTS

Article 168 (2) provides that where there a.re two Hous~s of the Legislature of Stato, one shall be known as the Legisl<itive Council and the other as the Legislative Assembly, and where there is only one House, it shall be· known as the J,egi•lative Assembly. Article 170 deals with the composition of the Legisla.tiva Assembly. a'1d Art. 171 with that of the Legislative Council. Article, 172 provides for the duration of the State Legislatures. Under Art. 172( l) the normal period for the life of the Assembly is five years unless it is sooner dissolved. Article 172(2) provides that the L~gislative Council of State shall not be subjected to dissolution, hut as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every ~econd year in accordance with the provisions made in that behalf by ParliamPnt by law. It would thus be seen that under the Constitution where the State Legislature is bicameral the Legis-lative Council is not subject to dissolution and this is feature which distinguishes the State Legisla-tures from the English Houses of Parliament. When the Parliament is dissolved both the Houses stand dissolved, whereas the position is different in India. In the States with bicameral Legislature only the Legislative Assembly can be dissolved but not the Legislative Council. The same is the position under Art. 83 in regard to the House of the People and the Council of Sti1tes. This material distinc-tion has to be borne in mind in construing the provisions of Art. 196 and appreciating their effect.

Article 196 reads thus :

"196. (1) Subject to the provisions of Articles 198 and 207 with respect to Money Bi[];, cmri other financial Bills, Bill may originate in Pit.her House of· the Legis-1 .. ture of State which has Legislative Council.

Purushathaman Nambudiri v, Tiu State of Ker 1la Gajenirngndkar J.

(2). Subject to the provision of articles 197 and 198, Bill shall not be deemed to have been passed by the Houses of the Legis-· 1ature of State having Legislative Council unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both .Houses. . ·

19~1 l'uroJhothaman Namhudiri v. Tiu Stote of Kerala Gajmdragadk.ir J. .

(3) Bill pending in the Bill pending in the pending in the in the the Legislature of

. (3) Bill pending in the Bill pending in the pending in the in the the Legislature State shall not lapse by reason of the pro-rogation of the ~ouse or Houses thereof.

(4} Bill p~nding in the· Legislative

Council of State which has not been passed by the Legislative Assembly shall not lapse on dissoluHon of the Assembly.

(5) Bill which is pending in the

Legislative Assembly of State, or which having been passed by the Legislative Assem-bly is pending in the Legislative Council, shall lapse on a. dissolution of the Assembly".

With the first two clauses of this Article we are not

directly concerned in the present petition. It is the last three clauses that call for our examination Under cl. (3) Bill pending in the Legislature of State will not lapse by reason of the prorogation of the House or Housrs thereof. Thus, this clause marks complete departure from the English · convention inasmuch as the prorogation of the House or Houses does not affect the business pend-ing . before the Legislature at the time of proroga-tion. In considering the effect of dissolution on pending business it is therefore necessary to be.i.r in mind this significant departure made by the Constitution in .regard to the effect of prorogation. Under this clause the pending bueiness may be pending either in the Legislative Assembly or in the Legislative Council or may be pending the assent of the Governor. At whicheTer stage the

(1) S.C.R. SUPREME COURT REPORTS

pen-ling bnsinr,ss may stand, so long as it is pend-ing before the L~gislature of state it shall not lapse by the prorogation of the Assembly. Thus, there can be no doubt that 1rnlik1J in En;.;l:tnd prn-rogation does not wipe out the pewling busineRs.

Clause (4) deals with c1tse wh;;re Bill is pending in the Legislative Council of State an<{ the same has not been passed by the Legislative As~embly ; and it provides that such bill pending before the Legislative Council of State shall not lapse on the dissolution of the Legislative Assembly. It would be noticed that this clause deals with the case of Bill which has originated in the Legi~latimi Council and has yet to reach the Legislative Assembly ; and so the Constitution provides that in regard to such Bill which has yet to reaeh, and be dealt with by, the Legislative Assembly the dissolution of the Legislative Assem-bly will not affect its further progress and it will not lapse despite such dissolution.

That takes us to cl. (5). This clause deals with two categories of cas·es. The first part deals with Bills which are pending before the Legislative Assembly of State, and the seoond with Bills which having been passed by the Legislative Assembly are pending before the Legislative Coun-cil. The Bills falling under both the clauses lapse on the dissolution of the Assembly. The latter part of cl. ( 5) deals with Cl.ses of Bills which are supplemental to the cases covered by cl. ( 4 ). Whereas cl.\4) dealt with Bills which had originated in the Legislative Council the latter part of cl. (5) deals with Bills which, having originated in the Legislative Assembly, have bsen passed by it and are pending before the Legislative Council. Since cl. (4) had provided that Bills falling under it shall not lapse on diRsolution of thi:i Assembly it was thought necessary to provide as matter of precau-tion that Bills falling under tj1e latter part of cl. (5) •hall lapse on the dissolution of the Assembly.

1981 Pururlwtharnan .Nambudiri ..

The Stale of."; era/a 'dendragcdkar J,

lHl

PunuhutJwman A'ambudiri •• Tht Start of K~rJa Gaitntbagadkar J,

That leaves pa.rt l of cl. ( 5) to be considered. This part may cover three classes of oases. It may in-clude Bill which is pending before the Legislative Assembly of State which is unicameral and that is the case with which we are concerned in the present proceedings. It may also include case of Bill which is pending before the Legislative ABBem bly of state which is bicameral ; or it may inolurle case of Bill which has been passed by the Legislative Council in bicameral State and is pending before the Legislative Assembly. In all these cases the dissolution of the Assembly leads to the consoqU<mce that the Bills lapse. It is signi-ficant that whereas cl. (3) deals w,ith the case of Bill pending in the Legislature of State, cl. (5) deals with Bill pending in the Legislative Assem-bly of State or pending in the Legislative Council; and that clearly means that Bill pending 8.88ent of the Governor or the President is outside cl. ( 5). If the Constitution-makers had intended that Bill pending a~Pcnt should also lapse on the dissolutfon of the Assembly specific provision to that effect would undoubtedly have been made. Similarly, if the Constitntion makers had intended that the dis-solntion of the Assembly should lead to the lapse of all pending business it would have been unneces-sary to make the provisions of cl. (5) at all. The cases of Bills contemplated by cl. (5) would have been governed b:v the English convention in th•lt matter and wonld have lapsed without specific provision in that behalf. Thflrefore, it seems to us that the <'ffoct of cl. (5) is to provide for all cases where the principle of lapse on diBSolution should apply. lf that be so, Bill pending &BBent of the Governor or PreRident is outside cl. (5) and cannot be said to lapse on the dissolution of the Assembly.

It is however, contended by the petitioner that if cl. (5) was intended to deal with all oases

(1) S.C.R.

where pending business would lapse on the dissolu-tion of the Assembly it was hardly necessary to make any provision by cl. (4). There is no doubt in force in the contention; but, on the other hand it may ha.ve been thought necessary to make provision for Bill pending in the Legislative Council of State because the Legislative Council is con-tinuing body not subject to dissolution and the Constitution wanted to wake specific provision based on that distinctive chara.cter of the Legis-lative Council. Having made provision for Hill originating and pending in the Legislative Council by cl. (4) it was thought necessary to deal with different category of cases where Bills have been paBBed by the Legislative Assembly and are pending in the Legislative Council; and so the latter part of cl. (5) was included in cl. (5). On the other hand, if the petitioner's contention is right els. (3) and (4) of Art. 196 having provided for cases were business did not lapse it was hardly necessary to have made any provisions by cl. (5) at all. In the absence of ol. (5) it would have followed that all pending business, on the analogy of the English convention, would laps on the dissolution of the Legislative Assembly. It is true that the question raised before us by the present petition under Art. 196 is not free, from difficulty but, on the whole, we are inclined t© take the view that the effect of cl. (5) is that all cases not falling within its scope are not subject to the doctrine of lapse of pending business on the dissolution 0 r the Legislative Assembly. In that sense we read cl. (5) as dealing exhaustively with Bills.which would lapse on the dissolution of the Assembly. If that be the true position then the argument that the Bill which was pending assent of the President lapsed on the dissolution of the Legislative Assembly cannot be upheld.In this connection it is necessary to consider Arts. 200 and 201 which deal with Bills reserved for the assent of the Governor or the President.

Purwhot/wmml No.mbudifi •• The Stale of Kerala Gaj"""•1adkar J.

1961 Prirwhothtzm•ll ;Varr..~rt./iri Y,

;Varr..~rt./iri Y, TA, Stot1 •f Ir"°"' Ottjmdt4g44ar J,

770 SUPREME OOURT REPORTS (1962] SUPP.

Article 200 provides, inter alia, that when Bill has been passed by the Legislative ABBombly of State it shall be presentrd to the Governor, and tho Governor shall declare either that he assents to the Bill or that ho withholds assent therefrom or that he reserves the Bill for the consideration of the President. The proviso to this Article requires that the Governor may, as soon as possible after the presentation to him of the Bill for &BBent, return the Bill if it is not Money Bill together with mel!l!age requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in partiou Jar, will consider the deeir&· bility of introducing any such amendments as he may recommend in hie message and, when Bill is so returned the House or Houses shall reconsider the Bill accordingly, and if the Bill ia pas1ed a.gain by the House or Houees with or without amendment and presented to the Grovernor for assent the Governor ahall not withhold aBSent therefrom. 'rhe Second proviso deals with ca.see where the Governor shall not assent to but shall reserve for the consideration of the President any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. Article 201 then deals with the procedure which has to be adopted when Bill is be assented to by the President. Undtr the said Article the President shall declare either that he assents to the Bill or that he withholds assent therefrom. The proviso lays <lown, inter alw, that the Presi· dent may direct the Governor to return the Bill to the House together, with such meBBage as is mentioned in the first proviso to Art. 200, and when Bill is so returned the House shall recon-sider it accordingly within period of six months from the date of receipt of such message, and if it is a.gain passed by the House with or without amendment it shall be presented a.gain to the President for hie consideration. The provisions of

these two Articles incidentally have bearing on

the decision of the question as to the effect of Art. 196. The corresponding provision for Parliamentary Bill is contained in Art. lll.

It is clear that if Bill pornlin::r tho asRent of

the Governor or the Presid<.'nt iR hrl<l tn lapse on the dissolution of the Assembly it is not unlikely that fair number of Bills whfoh may have been passed by the Assembly, say during the last six months of its existence, may be exposed to the risk of lapse consequent on the dissolution of the Assembly, unless assent is either withheld or grant-ed before the date of the dissolution. If we look at the relevan~ provisions of Arts. 200 and 201 from this point of view it would be significant that neither Article provides for time limit within which the Governor or the President should come to decision on the Bill referred to him for his assent. Where it appeared necessary and expedient to prescribe time limit the Constitution has made appropriate provisions in that behalf ( vide : Art. 197 (l)(b) and (2)(b)). In fact the proviso to Art. 201 requires that the House to which the Bill is remitted with message from the President shall reconsider it acoordingly within period of six months from the date of-the receipt of such message. Therefore, the failure to make any provision as to the time within which the Governor or the Presi-dent should reach deoision may suggest that the Constitution makers knew that Bill which was pending the assent of the Governor or the Presi-dent did not stand the risk of laps on the dissolu-tion of the Aasembly. That is why no time limit was prescribed by Arts. 200 and 201. Therefore, in our opinion, the scheme of Arts. 200 and 201 supports the conolusion that Bill pending the assent of the Governor or the President does not lapse .as result of the dissolution of the Assembly and that incidentally shows that the provisions of Art. 196(5) are exhaustive.

Pururhothaman Nr.1mf,udi.•i v.

The Stale iJj Kera la Gajtndragadk~' J.

JffJ hr11Jliothamaft Namlndiri •·. Tiu Blott of Ktrala Gojmdrapdltm J.

At this stage it is necessary to examine another argnm('nt which has been urged against the valiuiLy of the Act on tho strength of the provision8 oi Arts. !:OU and 201. It is urged that even if it be held t.hat the Bill does not lapse, the Act is invalid because it has been passed in contravention of Art<!. 200 and 201. The argument is that the scheme of the said two Articles postulates that t.ho Bill which is sent baok with the message of the President ought to be sent back to the same House that originally pas-sed it. It is pointed out that when the message is sent by the President the House is requested to reconsider the Bill and it is provided that if the Bill is again passed by tho House the Governor shall not withhold assent therefrom. This argu-ment proceeds on the basis that the concept of reconsideration must involve the identity of the House, because unleBB the House had considered it in the first instance it would be illogical to suggest that it should reconsider it. Reconsideration means consideration of the Bill again and that could be appropriately done only if it is the same House that should consider it at the second stage. The same comment is made on the use of the expression "if the Bill is passed ngain". It is also urged that it would be basically unsound to ask the succeBSor House to take the Bill as it stands and not give it an opportunity to consider the merits of all the provisions of the Bill. We are not impreBSed by these pleas. When the succe88or House is consider-ing the Bill it would be oorreot to say that the Bill ill being reconsidered because in fact it had been considered once. Similarly, when it is said that if the Bill is pa886d again the Governor shall not withhold assent therefrom it does not postulate the existence of the same House because even if it is the sucoeBBor House which paBSes it it is true to say that the Bill has been passed again because in fact it had been passed on an early ocoa.sion . .Besides, if the effect of Art. 196 is that the Bills

(1) S.C.R. SUPREME COURT REPORTS

pending assent do not lapse on the dissolution of the House then relevant provisions of Art. 200 must be read in "the light of that conclusion. In our opinion, there is nothing iu the proviso to Art. 201 which is inconsistent with the basic concept of democratic Government in asking successor House to recon-sider the Bill w:~h the amendments suggested by the President because the proviso makes jj; perfectly clear that it is open to the successor House to throw out the Bill altogether. It is only if the Bill passed by the successor House tba.t the stage is reached to present it to the Governor or President for his assent, not otherwise. Therefore, there is no substance in the argument that even if the effect of Art. 196 is held to be against the theory of lapse pro-pounded by the petitioner the Bill is invalid because it has been passed in contravention of the provi-sions of Arts. 200 and 201. This argument proceeds on the assumption that the House to which the Bill is sent must be the same House and that assump-tion, we think is not wellfounded. We would accor-dingly hold that the preliminary contention raised

against the validity of the Bill cannot be sustained.

That takes us to the point raised by the res-pondent that the Act attracts the protection of Art. 31A (l)(a) and so is immune from any challenge under Arts. 14, 19 and ·31. Thro is no doubt that if the Act falls under Art. 31A(l)(a) its validity can-not be impugned on the ground that it contravenes Arts. 14, 19 and 31; but the question still remains : Does the Act fall under Art. :JlA (1) (a)?; and the answer to this question depends on whether or not the properties of the petitioner fall within Art. 31A(2)(a). Before dealing with this point it is neces-sary to set out the relevant provisions of Art. 31A

(2) Article 31A(2) reads thus :

" 31A (2). In this article-

(a) the expression ' estate ' shall, in rg. lation to any local area, have the same meall~

Illf l Puruslioth.m• Namhudiri •• Tiu 81011 ef S:tr<A<f Oajmdrat;adMT J.

Purwhothr;.man J{ambu.diri v. TM Stale of Kerala Gqjendra,adkar J.

----------

774 SUPRE~IB COURT REPORTS [1962] SUPP.

. is · that expression or its local equivalent has in .. the existing law relating to land tenu· res in force in that area, and shall also in· elude any jagir, inam or muafi or other simi· Jar grant, and in the States of Madras and Kerala any janmam right ; · · . · .

(b) tho expression ' rights ', in rel~tion t~

an estate, shall include any rights· vesting in proprietor, sub-proprietor, under-proprietor tenure-holder, raiyat, under-raiyat or · other intermediary and any rights or privileges in respect of land revenue.". , · ·

Article 31A was added by the Constitution (First Amendment) Act, 1951, with· retrospective effect. Similarly, the portion in italics was added by the Constitution (Forth Amendment) Act, 1955, with retrospective effect.

It is well-known that the Constitution First Amendment of 1951 was made in order to validate the acquisition of zamindari estates and the aholi· tion of permanent settlement. In other words the effect of the ]'irst Amendment was to provide that any law which affected the right of any proprietor or intermediate holder in any estate shall not be void on the ground that its provisions were inoonsis; tent with any of the fundamental rights guaranteed by part III of the Constitution. The acquisition - of zamindari rights and the abolition of permanent settlement, however, was only the first step in the mattf r of agrarian reform which the Constitution· makers had in mind. When the first zamindari abolition la1ys were passed in pursuance of the pro-gramme of social welfare legislation their validity was impugned on the ground that they contravened the provisions of Arts. 14, 19 and 31. In order to save the impugned legislation from any such chal· lenge Arts. 31A and 31B and tho Ninth Schedule wore enacted by the Constitution First Amendment Act; and it is in that context that Art. 31A (2) (a)

(I) S.C.R.

and (b) were also enacted. After the zamindari abolition legislation was thus saved the Constitu-tion-makers thought of enabling the State Legisla-tures to take the next step in the matter of agrarian reform. As subsequent legislation passed by seve-ral States shows the next step which was intended to be taken in the matter of agrarian reform was to put ceiling on the extent of individual holding of agricultural land. The inevitable consequence of ;rutting ceiling on individual occupation or ownership of such agricultural land was to provide for' the acquisition of the land held in excess of the prescribed maximum for distribution amongst thfl tillers of the soil. It is in the light of this back-ground that we have to determine the question as to whether the property with which the petitioner is concerned constitutes an estate or rights in relation to an estate under cl. (2)(a) or (b). ·

The petitioner contends that in interpreting

the expression " estate " we must have regard to the fact that originally it was intended to cover cases of zamindars and other intermediaries who stood between the State and the cultivator and who were generally alienees of land revenue ; and so it is urged that it is only what may be broadly described as landlord tenures which fall within the scope of the expression " estate ". It is conceded that the expression "rights in relation to an estate " as it now stands is very broad and it in-cludes the interest of raiyat and also an under-raiyat; but it is pointed out that the said rights, how-ever comprehensive and broad they may be, must be rights in relation to an estate, and unless the pro-perty satisfies the test which would have been rea-sonably applied in determining the scope of "estate" in 1950 the amendment made in cl. (2)(b) will not make the denotation of the word " estate " any broader. In other words, the argument is that the denotation which the expression " estate " had in 1950 continues to be t4e same even after the

1111 p,,,.,,,,.,t/Jmoan NambuJiri ... Tlit Btu• of K".tli GojmJra1•dAar J.

1901 r.rwflD,,_,.• Nanib"4iri v. TM Stal• of K"ala flaj111dra14lltar J.

amendments of 1955 because no suitable amend-ment has boen made in cl. (2) (a.). But the infir-mity in this arg11mcnt is that the limitation which the petitioner seeks to plaoo on tho denotation of the expression " estate" is not justified bv any words used in cl. (2)(a.) at all ; it is introduced by reading els. (2)(a.) and (b) together, and that would not be reasonable or legitimate. In deciding what an " estate " means in cl. (a) we must in tho first ins-tance construe cl. (a) by itself.

In dealing with the effect of cl. (2) (a) two features of the clause arc significant. First, that the definition has been deliberately made inclusive, and second, that its scope has been left to be deter-mined not only in the light of the content of the expression " estate " but also in tho light of th5 local equivalent of tho expression " estate " as may be found in the existing law relating to land tenure in force in that area. The Constitution-makers were fully conscious of the fact that the content of the expression " estate" may not be identical in all the areas in this country and that the said concept may not be described by the same word by the relevant existing law ; and so the decision of the question as to what an estate ie has been delibernteh· left rather ela.stic. In each crue tho question t0 decide would bo whether the property in question is described ae an estate in the terminology adopted by the rovelent law. If the said law uses the word "estate" and defines it then there is no difficulty in holding tho property described by the local law a.e an estate is an estate for the purpose of this clause. The difficulty arises only where tho relevant local law does not describe any agricultural property expressly as an eat&te. It is conceded that though no agricultural property may be expressly described as a.n estate by the local law, even so there may be some properties in the area which may constitute an

(1) S.O.R.

esta.te under cl. (2) (a) ; and so in deciding which property constitutes an estate it would be neces-sary to examine its attributes and essential,fea-tures and enquire whether it satisfies the test imp-lied by the expression " estate " as used in cl.' (2) (a).

ltlf I P111USAolha"'4ll Nam/Judjrj •• Tiu Stall of Xnll·• Gajmdr.,a41"" · J

In this connection it is pertinent to remember that the Constitution-makers were aware that in several local areas in the country where the zamindari tenure did not prevail the expression "estate" as defined by the relevant law included estates which did not satisfy tho requirement of the presence of intermediaries, and yet cl. (2)(s) expressly includes estates in such areas ' within its purview and that incidentally shows that the concept of " estate " as contemplated by cl. ( 2)( a) is not necessarily conditioned by the rigid and inflexible requirement that it must be landlord-tenure of the character of zamindari estate. That is why, treating the expression " estate " as of wide denotation, in every case we will have to en-quire whether there is local definition of " estate " prevailing in the relevant existing law ; if there is one that would determine the nature of the property. If there is no da~inition in the relevant existing law defining the word " estate " as such, we will have to enctuire whether there is local equivalent, and in that connection it would be necessary to consider the character of the given agricntural property and its attributes and then de-cide whether it can constitute an estate under cl. (2)(a). If the expression " estate " is construed in the narrow sense in which the petitioner wants i1i to be construed then it may not be easy to reconcile the said narrow denotation with the wide extent of the word " estate " as is defined in some local definitions of the word "estate ". Therefore, in deciding the question as to whether the properties of the petitioner are an " estate " within the mean-ing of Art. 31A(2X a) we are ndt l'repared to ~

IHI ,._..,_.,, J(~ •• n. •w• ef r"""' 9o}MrJt.,.,Aor J.

778 SUPREME OOURT REPORTS [1962] SUPP.

the narrow construction tha.t tho osta.te must a.lwa.ys a.nd in every case represent the estate held by za.mindars or other similar intermediaries who a.re the a.lienees of la.nd revenue.

This question can a.lso bo considorcd from another point of view. As we will presently point out, decisions of this Court in relation to a.gri· cultural estates oxisting in areas where the zamin· da.ri tenure does not prova.i! clearly show that the definitions in the relevant ·existing la.ws in those areas include properties within the expreSBion " estate " despite the fact that the condition of the existence of tho intermediary is not satisfied by them, and so there can be no doubt that even io suoh areas if the definition of the word " estate '' includl's specified agricultural proper-ties they would be treated as estates under cl. (2Xa). Now just consider what would be the position in areas where the zaminda.ri tenure does not pervail and where the relevant existing law do<"s not con-tain a. definition of a.n" estato " as such. Accord-ing to the petitioner's argument where in such oaso it is necessary to find out a. loca.l el{uivalent of an estate the search for such local equiva-lent would be futile, boca.uso in the area in question th1i condition or test of tho presence of intormedia.rios ma.y not be satisfied and that would moan that the ma.in object with which tho Constitution First and Fourth Amendment Acts of 1951and1955 wore paslKld would hoof no assistance to tho State Legislatures in such local areas. If tho Sta.to Legislatures in such looa.l areas want to enact law for agra.rian reform they would not ho able to claim tho benefit of Art. 31 (l)(a). Indeed, the petitimwr conc~des that on his comtruction of cl. (2) (a) tho intended object of tho amondmonta may not ho carried out in certain areas where tho e:1:iatiog relevant law does not define an estate as such ; but his argument is that the Constitution· makers failed to give effoot to their i11tentioia

because they omitted to introduce suitable amendment in cl. (2)(a). On fair construction of cl. (2) (a) we do not think that we are driven to such conclusion. Therefore, we are not inclined to acoept the petitioner's narrow interpretation of the word "estate" in cl. (2) (a).

It is necessary therefore to have som'3 basic idea of the meaning of the word "estate" as used in Art. 31A(2} (a). Aswehav~saidalready, -where the word "estate" as such is used in the existing law relating to land tenures in force in particular area, there is no difficulty and the word"estate"as defined in the exiting law would have that meaning for that area and there would be no necessity for looking for local equivalent. But where the word "estate" as such is not defined in an existing law it will be necesmary to see if some other term is defined or used in the existing law in particular area which in that area is the local equivalent of the word "estate". In that oase the word "estate" would have the meaning assigned to that term in the existing law in that area. To determine there-fore whether particular term defined or used in particular 'area is the local equivalent of the word "estate" as used in Art. ,3'1 (2) (a) it is necessary to have some basic concept of the meaning of the word "estate" as used in the relevant Article of the Constitution. It seems to us that the basic concept of the word "estate" is that the person holding the est11,te should be proprietor of the soil and should be in direct relationship with the State paying land 'revenue ~o it except where it is remitted in whole or in part. If therefore term is used or defined in any existinf! law in local area which corresponds to this basic concept of "estate" that would be the looal equivalent of word "estate" in that area. It is not necessarv that there must be an intermediary in an estate before it can be called an estate within the meaning of Art. 31 (2)(a); it is true that inltGI

, Purushotlwtna Nambruliri v. Thi Slal1 •f K,,,I• G•jeftdr'ladkcr J,

IHI ••

hriuAot ....... Namhlirl

•• n. S"'- •/ lfnal• o~.,..a. J.

many C&t!Os of estate such intermediaries exist, but there l\re many holders of small estates who cultivate th• ir lands without any intermediary w ha.tever. It is not the presence of the intermediary that determines whether particular landed property is an estate or not ; what determines the character of suoh property to be an estate is whether it oomos within the definition of the word "estate" in the existing law in pa.rtioular area or is for the purpose of that area the local equivalent of, the word "estate" irrespective of whether there a.re intermediaries in existenoe or not. Thie in our opinion, is also borne out by consideration of the relevant decisions of this Court to which we will now tum.

· The decisions of this Court where this question has been considered lend support to the construction of the word "estate" for which the respondent contends. In Sri Ram Ram Narain Medhi v. The State of Bombay (') the constitutional validity of the Bombay Tenancy and Agricultural Lands (Amendment) Act 1956 (Bombay Act XIII of 1956) a.mending the Bombay Tenancy ~nd Agricultural Landa Aot, 1948 (Bombay Act LXVII of 1948), was considered by this Court. Section 2( 5) of the Bombay Land Revenue Code, 1879, had defined the word "estate" as meaning any interest lands and the aggregate of such interested vested in person or aggregate of persons capable of holding the same. Thie Court held that the Bombay Land Revenue Code was the existing law relating to land tenures in force in the State of Bombay and that the definition of the word "estate" as prescribed by s.2(5) ''had tho meaning of any interest in land and it was not confined merely t-0 the holdings ofla.nd· holden of alienated lands. The expression applied not only to suoh estate-holders but also t-0 land holders and oooupants of una.liena.ted lands". It would be noticed that s. 2(5) referred t-0 "any (I) [19.59] Supp. IS. C.R. 489.

interest in landS" and the expression "lands" was undoubtedly capable of comprising within its ambit alienated and unalienated lands. The argument urged by the petitioner in that case in attacking the validity of the impul(ul'!d Aot in substance was that having rt'gard to the narrow denotation of the "estate" nsed in Art. 31A(2)( a) the qroader eonstruo-tion of s. 2(5) of the Bombay Land lievenue Code should not be adopted, and in construing what is the local equivalent of the expression "estate" in Bombay the narrow construction of s. 2(5) should be adopted a.11d it~ operation should be confined to alienated lands alone. This contention was rejected and it was held that the estate as defined was not confined merely to the holdings of landholders of alienated lands. It is true that the decision proceeded substantially on the interpretation of s. 2(5) of the local Act ; but it may be observed that if the denotation of the word "estate" occurring in Art. 31A(2)(a)'was as narrow as is suggested to by the petitioner before us this Court would have treated that as relevant and material fact in considering the contention of the petitioner before it that the narrow construction of s. 2(5) should be adopted. 'Ihere is nc• doubt that the property which was held to be an estate in Med_iti1s case (') would not be an estate within the narrow meaning of.the word" as suggested by the petitioner.In Atma Ram v. The State of Punjab ('), this Court had occasion to consider the meaning of the expression "estate" in the light of the Punjab Land Revenue Act, 1887. Section 3(1) of the said Act had provided that an "estate" means any area--(a) for which separate reoord of rights has been made, or (b) whioh has separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed, or(c) which the State Government may by general rule or special order, declare to be !iii estate. Section 3(3) which is also relevant provided (I) [1"9] Sapp. I S.C.R. 489. (2) [19'9] Supp. I S.C.R. 748.

husliollram4n NamlNdiri •• TM. Slae, of lf mia Gojmtlt"ladlw ./,

"" 1'16wAolhmlt41I l"omhtAdiri v. 'I'lw 8tate oJ Kna/4 Qojnttlr11gatllcttr J.

782 Sl'PREME COURT REPORTS [1962] SUPP.

that "holding" means share or portion of an estate hPld by one landr·wner or jointly by two or more landowners. One of the argum<'nts urged by the petitioner before the Court was that part of the holding- wae not an estate within the meaning of s. 3( I) of thv local Act. This argument was rejectEd. Jn dealing with the question 8.8 to whether the property held by the petitioner was an estate undl'r thn Art. 31A(2)(a) it became necessary for the Court to cr.nsider the amplitude of the expre~sion "any est~te or of any right<! therein" in Art. 3IA ( 1) (a). Sinha J., as he then was, who spoJ,.o for the Court, has elaborately examined the different kinds of land tenurt>s prevailing in different parts of India, and has described the process of sub-infeudation which Wal.' noticeable in most of the areas in course of time. An "ebtate", it waa observed, "is an area of land which is unit of revenue asscssment and which is separately entered in the Land Revenue Collector's register or revenue paying or revenul'·frce estates". "Speaking generally", observed Sinha, J., "It may be said that at the apex of the pyramid stands the State. l"nder the State, large number of persons variously called proprietors, zamindars, malguzars, inamda.rs and ja.girdars, etc., hold parcels of land, subject to the payment of land revenue designated as pes:Fikash, quitrent or malguzari, etc., representing the Government demands by way of land tax out of the usufruct of the land constituting an state, except where the Government demands had been excused in whole or in part by way of reward for service rendered to the State in the past, or to be rendered in the future" (p. 759). "Tenure-holders", it was observed, "were persons who took lands of an eat.ate not necessarily for the purpose of self.cultivation, but also for settling tenants on 'the land and realiaing rents from them ......... Thus, in each grade of holders of land, in the pr00088 of sub-infeudation the holder ill tenant under hill superior holder

the landlord, and also the landlord of the holder directly holding under him" (pp. 760, 761 ).

Having thus conside1 ed the background of the land tl'nures in Punjab and elsewhere this Court pr0<ieeded to consider the amplitude of the crucial words "any estate or of any rights therein" in Art. 31A(l)(a). "According to this decision as the conno-tation of the term "estate" was different in different parts of the country, the expression "estate" described in cl. (2) of Art. 31A, has been so broadly defined as to cove,r all estates in the oou11try, and to cover all pos&i-ble kinds of rights in estates, as shown by sub-cl. (b) of cl. (2) of Art. 31 A" (p. 762). "'l'he expression 'rights' in. relation to an estate has been given an all-inclusive meaning comprisiug both what we have called, for the sake of brevity, the horizontal and vertical divisions of an estate. The· Provisions aforesaid of Art. 31 A, bearing on the construction of the expression 'estate' or 'rights' in an estate, have been deliberately made as wide as they could be in order to take in all kinds of rights-quantitative and qualitative-in an area coextensive with an estate or only portion thereof" (p. 763). Further observations made in the judgment in regard to the effect of the addition of words "raiyats" and "under-raiyats" in cl. (b) may also be usefully quoted : "The expression 'rights' in relation to an estate again has been u~ed in very comprehen-sive sense of including not only the interests of proprietors or Sub-propritors but also of lower grade tenants, like raiyats or under-raiyq,ts, and thon they added, by way of further emphasising their inten-tion, the expression 'other intermediary', thus clearly 1howing that the enumeration of intermediaries was only illustrative and not exhaustive" (p. 765). Thus, this decision show& that the amendments made by the constitution First and Fourth Amendment Acts of 1951and1955 were intended to enable the Sta~ Legislatures to undertake the task of agrarian reform with the object of abolishing intermediaries

Illal

Purushol/ul,,,.,, Naml>rdirl •• State •f

Th• State •f Ktr0la Gajendraiadk.,, .J,

1981 and establishing direct relationship between the Purnshothama• · State and tillers of the mil; and it is in that context Na,,,hudfri that the wotd "estate" occurring in cl. (2) of Art. seae:·,f K.,ara K.,ara . 31 was construed by this Court. What we have said about the decision in .iJtedhi's case (')is equally. J. true about the decision in the case of Atma Ram (2)., · The property which was held to be an estate was not an -estate in the narrow sense for which the petitioner contends. _

1981 Purnshothama• Na,,,hudfri seae:·,f K.,ara K.,ara Gojetu!mgadk" J.

_ In Shri JJfahadeo Paikaji Kolhe Yavatmal v. The State of Bombay and Shri Namadeorao Baliramji v. The State of Bombay ([3]) this Court had to consi· der the case of the petitioners in Vidarbha who held lands under the State and paid' land- revenue . for the said lands thus held by them. The relevant . provisions of the Madhya Pradesh Land Revenue Code. 1954 (II of 1955) were examined and it was held that though the word "estate" as. such had not been employed by the _said Code the equi-valent of the estate had to be determined under Art. 31 (2) (a), and as result of provisions of ss. 145 and 146 of tho said Code it was held that the estates held by the petitioners sati5fied the test of the local equivalent of "estate" as contemplated by Art. 31A (2) (a). In The State of Bihar v. Rameshwar Pratap Narain Singh('), this Court had occasion to consider. the scope and effect of the ex-pression "rights in relation to an estate" -used in cl. (2) (b), and it heH that "in the circumstances and in the particular settillg in· which the words . 'raiyat' and 'under,raiyat' were introducecl into the definition it must be held that the words "or other intermediary" occurring at the end do not qualify -or colour the meaning to be attached to the tenures newly added". It is in the light of ~ -- these decisions that we must now proceed to exa-mine the character of the properties with which _ the petitioner is concerned. ---- ---· ·

_ As we have already seen the petitioner -owns about 900 acres of land which are classified (I) [1959) Supp. I S.C.R. 489. (2) [1959) Supp. I S.C.R. 748. (3) [19621 1 s.c.R. 733. (4) [1962] 2 S.C.R. 382. S.C.R. 382. 382.

(4) [1962] 2 S.C.R. 382. S.C.R. 382. 382.

(I) S.C.R. SUPREME COURT REPORTS

as Pandaravaka holdings and about 350 acres which are described as Puravaka holdings. In meeting the respondent's contention that these lands are an estate under cl. (2) (a) of Art. 31A the petitioner has alleged that the Pandaravaka tenure represents lands of which the State was in the position of the landlord and whatever rights other persons possessed were directly· derived from the State. Of the several classes of Pandaravaka tenure the most common is the verumpattom and most of the petitioner's lands falling under the Pandaravaka tenure belong to this class. The petitioner's case is that his liability is to pay rent to the State calculated as proportion of the gross yield of the properties ; and so the lands held by the petitioner as tenant under the State cannot be said to be an estate under cl. (2) (a). He is not an intermediary between the State and the tiller of soil and so is outside the purview of cl. (2) (a). It has also been alleged by the petitioner that his properties cannot be said to· be an estate even in the sense of Iooal equivalent of the term "estate" because there is no unified record of rights over the area in question ; "each survey number is often divided into several sub-numbers and represent-ing holdings that do not often take in more than few cents has his own record of rights and sepa· rate assessment register". It is for these reasons that the petitioner resists the application of cl. (2) (al to his Pandaravaka Verumpattom lands.

No clear and specific plea has been expressly made by the petitioner in regard to Puravaka lands. In that connection the petitioner has, however, alleged that the Janmam is another peculiar fea-ture of the land system in Kerala which it is not easy to define since good deal of ambiguity atta-ches to the term. However he contends that the Jan-mam right has to be understood in its limited and technical sense as taking within its scope particular form of land-holding known as the kanom tenancy.

Purushoihaman Nambudiri v.

The Stau of Kerala Gajentfragadkar J,

1901 Prnus1t.t11aman .Namhudi1i v. The Slatt of 11" trala 0-Jtntlratad/car J.

786 SUPREME cOURT REPORTS [1962) SUPP.

According to the petitioner the J anmam right in-cluded in cl. (2) (a) ean take in only the rights 1md liabilities controlled and created by the two Ten ency Acts to which he has referred. That is how the petitioner contends that the Pura vaka lands are also outside the purview of cl. (2) (a}.

It is comm on-ground tha.t the procla.ma.tion issued by his Highn.-ss Sir Rama Varma Raja of Cochin on March JO, 1905, is the relevant existing law for the purpo~e of <leciding whether the agricul· tural properties of the petitio11er constitute a.n estate under cl. {2)(a). It is therefore, nccl•Rsary to examine the schemr of this proclamatio11 and decide whether in view of the characteristics and attributeR of the properties held by the petitioner they can he said to constitute local equivalent of an estate undrr cl.(2)(a). This proclamation oonRists of twenty-eight clauses which deal broadly with all the aspects of land tenure prevailing in the State of Cochin. The preamble to the proclamation recites that the Raja. had alrt·ady ordered that compl1>tc survey embracing demarcation and mapping and the pre-paration of an accurate record of titles in respect of a.II descriptions of properties within his entire State Hhall be carried out, and it adds that direc-tions had been issued that revenue settlement or revision of the State demand shall be conducted in aeoordan~e with tho principles laid down hy the prochniatio11. Clause 6 enumerates the tenures of lands pre,•ailing in the State. Under this clause there am two major tenures (I) Pandaravaka and (2) Puravaka. Tho former are held on one or the other of six varieties of tenur~a; of these we arc concerned with the verumpattom sub-tenure. This clause provides that thu Pa.ndara.vaka verum-pattom tenure shall be deemed as the normal tenure for settling the foll State demand and that the other tenures shall be treated as favourable tenures and settled on the lines indicated in els. 14 to 17. ClauHl· 7 says that the present rate of as~essmcnt

(I} S.C.R. SUPREME COURT REPORTS

on Pandarav11ka verumpattom nilas varies from one

eighth para to twelve paras of paddy for every pn.ra of land; and it adds that such e. vast dispa-rity of rates is indicative of unequal incidence under the existing revenue systnm. That is why the clause proceeds to lay down that the State demand should bear fixed proportion to the pro-duce land is capable of yielding and so it pres-cribes that under the Pandarave.ka verumpattom tennre the holder should pay half of the net pro-duce to the State. The clause then proceeds to provide for the method in which this half of the net produce should be determined. Clauses 11 and 12 deal with the assessment on tree.

Clause 13 is important. It says "at present

holders of Pandaravaka verumpattom lands do not possess any property in the soil. As we are con· vinccd that proprietorship in tho soil will induce the cultivator to improve his land and thereby add to the prosperity of the land, we hereby declare that the verumpattom holders of lands shall, after the new settlement has been introduced, acquire full rights to the soil of the lands they hnld -ind that their rights shall remain undisturbed so long as they regularly pay the State revenue provided that the rights to metals, minerals possessl'd by the State in all lands under whatever tenure they are held are reserved to the State".Under cl.18 it is provided, inter alia, that in the case of Pandaravaka lands held on the erumpattom tenure the settelement shall be made with the pre· sent holder of the land and in reg11rd to Pura-vaka land with the Janmam. Clause 22 prescribes the , procedure and the time for the introduction of settlement. It requires that before the introduction of the new rates of assess-ment rough patta shall be issued to each of the landholders showing the relevant detail of his hol-dings and the assessment to be paid by him here-after. The object of preparing such patta is to

PunJs/wthaman Namhud1ri •• The Stat1 of Keral• Gaj1ndragadkar J.

1#1 l'lnruholham .. Nam!Uiri •• 7711 Stau of Knala Gajm4ra,..iJ;a. J.

788 SUPREME OOURT REPORTS (11162) SFPP.

give an opportunity to the landholderH to bring to the notice of the authorities their objections if any. The objections are then required to be heard before the final entries are made. Clause 26 declares that the new settlement shall be current for & term of thirty years. This has been done with view to secure the utmost freedom of action to the land· holders in improving their properties and turning them to the best advantage according to their means and inclination. Clause 27 deals with esch-eata; and cl. 28 makes general provisions as to the formation of new land record including reassess-ment of land and the registration of titles "a work calculated to promote the well-being of State".

It would thus be seen that under cl. 13 the

person holding lands on the Pandaravaka verum-pattom tenure is not tenant. He is given the propriotary right in the soil itself, subject of course to the rights as to metals and minerals re~erved in favour of the State. Indeed, the whole scheme of the new proclamation appears to be to change the character of the possession of the Pandarav6ka verumpattom tenure-holder from that of tenant into that of proprietor-holder. It is true that he is made liable to pay half of the net produce and that may appear to be little too high, but the measure of the levy will not convert what is inten-ded to be recovery of assessment into recovery of rent. The proprietor of the land held on P11nda-ravaka verumpattom tenure is neverthe!eSB pro-prietor of the land and he holds the land subject to his liability t-0 pay the assessment to the State. It is not difficult to imagine that in fairly large number of lands held by Pandaravaka verumpattom tenure-holders the holders in turn would let out the lands to the cultivators and thus would come into existence local equivalent of the class of interme-diaries. Land revenue record is required to be prepared by the proclamation and relevant entries showing the extent of the properties belonging to

the respective holders and the details about their liability to pay the assessment are intended to be shown in the said record. In our opinion, it would not be reasonable to hold that the lands held by the petitioner under the Pandaravaka verumpattom tenure do not confer on him the proprietary right at all but make him tenant of the State. In the proclamation there doesnot appear to be provision for forfeiture or surrender and the scheme adopted by the proclamation suggests that the amount due from the tenure-holder by way of assessment would presumably be recovered as arrears of land revenue and not as rent. Therefore, we are inclined to hold that the Pandaravaka Verumpa.ttom can be rega.rd-(ed as local equivalent of an estate under cl. (2) a) of Art. 31A. .

p,,,~ N tmt/nllliri •• Tiu Sttd< of K,,.Jo Gqjmmogadkar J •

The position with regard to Puravaka Janda

is still more clear. Clause 14 of the proclamation enumerates four kinds of more favourable tenures. The first of these is the class of Puravaka lands. Clause 15 provides that in the case of Pura,vaka lands third party called Janmi is recognised as owning proprietorship in the land and therefore entitled to share the produce with the cultivator and the sirkar. Then the clause describes the mode in which share of the State or its demand on these Puravaka lands is calculated, under the previously existing land system; and it provides new rates of assessment payable in respect of the Puravaka tenure. The Puravaka tenure .in the State, the clause adds, corresponds to the normal condi-tions of land tenure in the District of Malabar where, in the recently introduced settlements, the net produce was distributed. among the cultivator the Janmi and the State in the following pro: portion:

The result is that the lands held by the peti-

tioner are an estate under cl. (2Xa), and so the Att in so far as it operates against the holdings of the petitioner is protected under Art. 31A(l)(a) and so it is not open to the petitioner to thalli>nge its validity on the ground that its material provisions offend against Arts. 14, 19 and 31 of the Consti. tution. The writ petition accordingly fails and is dismi.Hsed. There will will be no order as to costs. as to costs. to costs. costs.

There will will be no order as to costs. as to costs. to costs. costs.

AYYANGAR, J.-1 regret I am unable to agree

A•:JO"l•r J,

that Art. 3 i of the Constitution saves the Kera la Agrarian Hclations Act, 1960, from challenge under Arts. 14, 11) and 31 of the Constitution in so far as the said Act relates to the Pandaravaka lands of the petitioner.

Before however dealing with this point I con-

sider it proper to acid that I entirely agree that the Aot waa properly enacted by the State Legislature and that the consideration of the remitted bill by the new Legislative A88embly did not violate the provisions of Art. 201 of the Constitution. In my judgment the t('rms of Art. 196 of the Constitutioa proceed on the baeia that the Constitution-makern

in line with the framers of the Government of India 1961 Act, 1935, radically departed from the theory of Purushoth4man the British Constitutional Law and .the practice Nambudfri obtaining in the Parliament of the United Kingdom . ThlSta:·,JK11ala as regards the effect of dissolution of the Houses of the Legislature on bills passed by the House or AY.Yaniar J • Houses and pending the assent of the head of the State. Article 196 by its third clause having nega-tived the English rule that bills pending in t.he legislature lapse by reason of prorogation, goes on to enact els. ( 4) and ( 5) making special provision for lapse in the event of not prorogation but disso-lution. Clause (5) en1cts:

"A bill which is pending in the Legisla-

tive Assembly of State or which having been pi,ssed by the Legislative Assembly is pending in the Legislative Council, shall lapse on dissolution of the Assembly."

This clause on its terms applies both to States

which have and which do not have bicameral legislature. In its application to State without Legislative Council the relevant words of the clause would read : "A bill which is pending in Legis-lative Assembly of State ............ shall lapse on dissolution of the Assembly". The. question that arises on the terms of this clause' may be stated thus : Can bill be said to be pending before the Legislative Assembly when it has gone through all the stages of the procedure precribed for its passage through the house and has been passed by the Assembly ? Expressed in other words, does the pendency of bill before the Assembly -0ease when it has•passed through all the stages through which bills pass before the House or is it to be deemed as pending before the House until the bill receives the assent of the Governor or the President, as the case may be the latter event arising when bills are reserved by the Governor for the President's assent? Unless it could be contended that bill

792 SUPREME COURT REl'ORTS [1962] SCPP.

is pending in thl3 Legislative Ass.;mbly until assent, there could be no scope for the argument based on Art. 196( 5) in support of the position that an u11-assented bill is still pending in the Assembly. In this context the difference in the terminology em-ployed in Art. 196(3) and 196(5) requir('S to be noticed. Whereas Art. 196(3) speaks of the pendency of bill in the Leyisl.ature of State which would, having regard to the des-cription of 'Legislature' in Art. 168, include t}.e Governor, Art. 196(5) uses the words 'Legislative Assembly' as if to indicate that it is only in the event of the bill being pending before that body that it lapses on dissolution. In the face of the provision in Art. 196(5) there is no justification for invoking the British pratice under which bills not assented to before the dissolution of the Houses are treated as having lapsed on that event occur-ring.

PwlUAnt/urnu'" J'lombudari v. n, 81.u of K,,ala, .t,,..,.,J.

If the Governor can assent or refuse to assent

to bill, which has passed through all the stages of consideration by Legislative Assembly even though that Assembly is dissolved under the terms of Art. 200, because the bill is live bill within the terms of that Article, it would follow that he can exercise the other alternative open to him under that Article, viz., to reserve the bill for the President's assent. If by reason of the language employed in Art. 196(5) the bill ie alive so far, and the President could assent to the bill it would follow that subject to an argument based on the terms of Art. 201 he can also remit the bill for• reconsideration by the Assembly notwithstanding 1 the dissolution.

The next question for consideration is whether there is anything in the terms of Art. 201 which precludes effect being given to the above principle. The Article rune :

(1) S.C.R. SUPREME COURT REPORTS

"201. When Bill is reserved by Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he with-holds assent therefrom:

Provided that, where the Bill is not Money Bill, the President · may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legis-lature of the State together with such message as is mentioned in the first proviso to artfole 200 and, when Bill is so returned, the House or Houses shall reconsider it accordingly within period of six moths from the date of receipt . of such message and if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his considera-tion."Considerable stress was la.id by the Learned Counsel on the use of the two expressions 'return the bill to the House' and 'the House shall reconsider it accordingly' as indicating that the words underlined• unmistakably implied that the consideration of the bill must be by the Assembly which originally passed it. It was in this connection that reliance was placed on the terms of Art. 172(1) reading (omitting the proviso which is immaterjal for the present purpose) :

"172. (1) Every Legislative Assembly. of every State, unless sooner dissolved, shall continue for five yea.rs from the date appoin-ted for its first meeting and no longer and the expiration of the said period of five years shall operate as dissolution of the Assembly: ,, ............................................................

The argument was that the Constitution did not envisage the Assemblies having continuous life but •Heno printed in italics.

Purushothamlffl JVambudiri v. The Stal• of Kmla .Ayyan1ar J.

1961 Pu,ushotluunan .Nomhau:ifri •• 1 lzt StaCt of A"tro/d Ayyangar J.

79~ SUPltEl\IE COURT REPORTS (1962] SUPP.

that on the other hand it clearly contemplated diffortnt Legislative Assemblies each une having definite life which ended t·ithl'r automatically a.t the end of five years or at an earlier period. by disHolution and that in the cont<>xt of this provi· sion, to the words 'return' and 'reconsider' employ-ed in Art. 201 their literal meaning must be attached.

It is not poosible to accept this construction as to the effect of Art. 17 l on the rest of the prov i · sions in this Part. No doubt, for particular purposes each Assembly is conceived of as having life of limited duration but it does not follow tlw.t tho Constitution does not envisa.ge tho Legis· laturc as an institution. In this connection I consider it useful to refer to the decision of the Privy Council in Attorney-General /or N tw South Wales v. Rennie('). The question before the Board was as ragards the true construction of New South Wales statute-"The Parliamentary Representa-tives' Allowance Act"'-which by its s. 2 ma.de a.n annual grant to "every member uf the Legisla· tivc Assembly now serving or hereafter to serve therein". Section 2 of the Imperial Act which enacted the Constitution Act of the Colony provided tbat "every Legislative Assembly was to continue for five yea.rs from the day of the return of writs for choosing the same and no longer, subject to be sooner prorogued or dissolved by the Governor of the Colony", which term was by later enact-ment reduced to three years. The Attorney-General for New South Wales raised an informa-tion seeking declaration that there were no moneys legally available or applicable to the pay-ment of members of future Assemblies with prayer that the Auditor-General might be restrain-ed from countereigning the au~horisation of such payments. The Supreme Court of the Colony dismissed the information whereupon the Attorney· General brought the matter in appeal to the Privy

(I) [1896] A. C. 376.

(1) S.C.R.

Council. The question turned on the meaning of the words 'the Legislative Assembly' ins. 2 of the Act a.nd reliance was placed on behalf.of the appel-lant on the provision for dissolution contained in the Imperial Act. It was contended that the Assembly wa.8 a. body of limited duration oalled into existence from time to time and not perma. nent and continuous body and that consequently the Act granting the allowance should be construed as applying to the members of the particular Assembly in existence on the date of the Act. Rejecting this argument, Sir, Richard Couch 9tated:

"They think tha.t according to the ordi-nary use of the term 'lagislativlJ assem-bly it means the aBSembly created by the Constitution Act which, though liable to be dissolved or to expire by effluxion of time, is an essential part of the const.i-tution of the colony and must be regarded as permanent body."

I consider these words apt to describe the reference to the "House of the Legislature" in the proviso to Art. 201. I therefore respectfully concur in the view that the . bill wa.s validly ·passed and that the objection based on a.n, infringement or contravention of Art. 201 must be repelled.

I shall now take up for consideration the merits of the petition. The petitioner is the owner of a.bout 1,250 acres of land in Trichur in the erstwhile princely State of Cochin. Out of this extent, 900 a.ores are ola.BSified in the land records of the State as Pandaravaka Verumpattom lands and the Fe~ maining are entered as Pura.vaka lands.

While so the Kera.la Legislature enacted tbe

Kera.la Agrarian Relations Act, 1960 (Kera.la Act IV of 1961), providing for the acquisition of certain types of agricultural lands in the State beyond the speci-fied maximum extents laid down in the statute and

1161 Purushothaman Namht/;ri

v. The State of Kera/a A;yyangar J,

r11rwh«lumum Jt 'mbuiiri v. Tiu S•ut!.'of K11a/•

796 SUPREl'ifE COURT REPORTS (1962] SUPP.

on payment of compensation as determined by it. The details of this legislation arc set out and their impact on tho owners of landed property in the Stute are dealt with in foll in th~ judgment in Writ Petitions 114 and ll5 which is being pronoun-etd today. In the cirrumstances it is not necessa.ry to say more about the l'nactmcnt than point out that it seriously interferes with the rights of land-owners in manner which, as held in the judgment in the other petitions, is violative of the rights guaranteed to citizens by Part III of the Constitu-tion. For the respondent however the main defence on this petition is based on Art. 3 lA, the submis-sion being that the lands of the petitioner by reason of the tenure by which he holds them, constitute an "estate" within the definition of that term in Art. 3JA (2)(a). As the tenures which are involved in the case cover considerable areas of the former State of Coe-bin, and as the implications arising from any decision as regards these tenures might afrect other areas, particularly in South India the effect of the acceptance of th11 submisson by the respondent would be far-reaching. I have therefore considered it proper to deal with matter from wider angle than would be necessary if the effeot of our decision would be confined to tenures of infrequent occurrence.

The two tenures into which the lands held Ly

the petitioner fall are, as stated earlier, Pandara-vaka Verumpattom and the Puravaka, but before considering their characteristics it will be useful to attempt picture of the general system of land-holding in Malabar. As is well known, Malabar-comprising the territories of the former princely State of Travanoore & Coohin and the contiguous district of Malabar in the fonnar Presi-deacy of Madras, was among the few areas in India in which freehold rights in land were recognised. This exclusive right and hereditary po811e88ion and uaufruot of the soil was denoted by the term "Jenm"

(1) S·.C.R. SUPRE:VIE COURT REPORTS

and the holder was designated the Jenmi or the Jenmikaran. The Jenmis had full and absolute property in the soil. All land which was not the property of Jenmis or ceased to be theirs-such as by forfeiture, were held by the State. These lands were let for rent to cultivators on terms of paying rent. The assertion by the State to the proprietor-ship of the soil which carried with it denial of the right of alienation by the tenant of the leased lands and so of the right to hereditary enjoyment was besides being contrary to the .iccepted theory of the Hindu law givers, was also productive of grave economic ills. According to the Hindu Law givers starting from Manu, property in the soil arose out of occupation and cultivation. The texts which ex-pound this position are set out and discussed by We-stropp, C. J., in Vykunta Bapuji v. Government of Bom-bay(') (See also Sundaraja Iyengar Land Tenures in the Madras Presidency, pp. 5 to21 ). According to this theory theKing was not the owner of cultivated land but the proprietary interset in it vested in the cultiva-tor, the right of the King being merely to the Raja bhagam which represented various proportions of the prm~uce, sometimes thought of as being sixth anti at other times at higher proportions ranging up to half. As observed by Subramania Iyer, J., in Ven-kata Narasimha v. Kotayya (') .

"For, in the first place, sovereigns, ancient or modern, did here set up more than right to share of the produce raised by raiyats in lands oultivated by them, however much that share varied at different times. And,in the language of the Board of Revenue whirh long after the Perma.nent Settlement Regulations were passed, investigated and reported upon the nature of the rights of ryots in the various parts of the Presidency, 'whether rendered in eervice, in money or in kind and whet.her paid to rajas, jagirdars, zemindars, poligars, mutadara (I) 12 Bom. H.C.R. Appendix p. I PP• 29-43.

(2)1 .L.ll. 20 Mad. 2>l9, 301-302.

Puruskotliama Namhidiri v. Tiu Stat' of Ir era/a Ayyangar J.

1Hl l'latu,,..,,.,,,.. Nombudiri T l.1 St alt "· of K tTal11 A»dnlar J.

shro-triemdars, inamdars or to Govern-ment officers, such a.a tahsildars, amildars, amine or thannao:lars, the payment8 which have always been made are universally deemed the due of Government.' (See t.he Proceedings of the Board of Revenue, dated 5th Janu-ary, 1818, quoted in the note at page 223 of Dewan Bahadur Srinivasa Ra!!hava Ayyangar's •Progress in the Madras Presidency')."

This proprietary interest of the cultivator was in

its tru11 sense property right- being capable of alienation and of hereditary enjoyment. At the time of Permanent Settlement Regulation in Bengal (1793), and subeequently when its Madl'&ll oounterpart was enacted (Regulation XXV of 1802), there was gr<>at deal of controversy as to whether the East India Company as the Ruler was or was not entitled to the proprietary rights to the soil in the country. In the words ofWestropp, C. J., in Vykunm Bapuji v. Government of Bamby (') in-volved in this

"was t.he question as to the character in

which native governments claimed, from the occupants of the land, payments either in money or in produce in re8pect of the land. Were thE>se payments rent or revenue? Some maintained that those payments were rent, not revPnue ; beoaus[0]J, it was said, the land could only be oocupied and cultivated by the permission of the sovereign, and that such produce, as there may be in exoeB11 of what sufficed for the bare subt>istenoe of the culti-vators and for the expenses of oultivation, i8 the property of the sovereign. Others maintained that the sovereign was only entitled to fixed portion of the produce, and that the surplus beyond that portion, plus the subsistence of the rayut11 (cultivators)

(I) 12 Dom. H.C.R. Appmdix p. I pp. 25-26.

(1) S.C.R. SUPREME COURT REPORTS

and the cost of cutivation, belonged to class of great landlords between the sovereign and the rayuts, which intermediate Glass consisted of zamindars, talukdars or similar personages ; while others again strongly contended that, . subject to land-tax payable to the sovereign, the property in the soil was vested in the cultivator, sometimes in tqe form of village communities holding corporately, at other times individuals holding in severalty, or jointly as members of an undivided family. In 1793, (either ·upon the ground that the soil was vested in the sovereign power, !l.Ild that it was expedient that, by that power, landed 11oristocraey should be created, or upon the ground, that the land, subject to the reve-nue assessment i. e., the king's (or State's share of the produce, ought to be public-ly recognized as vested in the class of zamindars. & e., as landlords) the permanent settlement in Bengal, Bihar and Orissa was made by the Government of Lord Cornwallis, by recogniziiig the z&min-dars, & c., as the proprietors of the soil, and entitled to transfer it, and by fixing, once for all, the land-tax payaqle by them to the State at an immutable anrtual rate." In 1796 the Government of Madras declared that "it is the first feature in all the Governments of India, that the Sovereign, whether he be Mus-11ulman or Hindoo is lord of the soil; and hence it is that no alienation of lands from the property of. the oircar, or rather no possession of land whatever is valid without written instrument from the superior 1 ord ; and this distinetion has invariably followed the conquests of all nations who have established themselves in India". This statement was directly contrary to accepted practice and the consciousness of the cultivator in Madras. It is not therefore matter for surprise

Pwusl.otluJman Namf:u-1£ri •• Tiu Slate of Kir•la A1yanzarJ .

J~l p,,,usJi,,t,..,,,,,,, Nomhudiri .. Tiu Slau of Kvala A.vangtn J.

tha.t in answer to this declara.tion of the Govern-ment, the Board of Revenue at once pointed out tha.t "there were heredita.ry cultivators on lands with the right of making any disposition of them by sale, mortgage or otherwise as long as they pa.id the Government revenue, a.nd that they only could not make a.ny alienation of them to the exclusion of tho royal share of the revenue."

Acting on the view that the Crown was tho pro-prietor of the soil, tho Birtish Government purpo-rted to confer proprietary rights in the soil on the zamindars unrler the Permanent Settlement the prea-mble to whir.h referred to the reservation by the ru). ing power of the "implied right and actua.I exP-rcise of the proprietary right to possession of all la.nds whatever'' and by s. 2 purported to vest in the zamindars the proprietary right to the soil. It was however found that this interfered with the established rights of cultivators and Madras Regu-lation IV of 1822 was passed to declare that the provisions of Regulation XXV of I 802 were not intended to affect the actual ryots in cultivation of lands. It might be added that the Privy Council ruled in CoU~aor of Trichinapally v. Lekkamoni (') that the theory underlying these words in the Regulation were not susta.inab\e and that. there were proprieta.ry rights in la.nd not tra.cea.b\e to or derived from the Rovereign.

The introduction of the Perma.nent

Settle-

ment with the creation of class of za.mindars a.s in Bengal was not cosider <l to be beneficial sy-stem by the Government of Madrs and so after the grant of some sanads under MadrBB Regulation XXV of 180~-mostly in recognition of ancient titles-the creation of new pP.rmanently settled estates was stopped and in its pli:r.'l, the system of revenue administration associated with the name of Sir Thomas Munro known as the ryotwa.ri syetem was a.doptccl. According to Munro · there was

(I} L.R.ll.A.282

no need for the interposition of an intermediary bet-ween the State and the actual cultivator, particularly as it was clear that the system meant that the zamin-dars enjoyed what the cultivator parted with to the State ; in other words, the difference between the rent paid by the actual cultivator, viz., the melwa-ram and the peishcush or the Jama fixed by the zamindar or proprietor was so much profit for the middleman and therefore pro tanto diminution of the amount which would have accrued to the State. Besides, l\iunro considered that on economic grounds and with view to increase agricultural production it was necessary for the State being in touch with the actual cultivatol'. For these reasons he formu-lated the "ryotwari system" and introduced it in several areas of the Madras Presidency and Coimbatore district adjoining th'l State of Cochin being almost the first among the districts where the system was introduced. The basic and essential feature of the system was that the fixation of the r\)venue assessment payable by the cultivator had to be proceeded by survey of the land which included the ascertainment of the productivity of the soil and that the asseBBment should he based on what was known as 'tharam' (or quality) classifi-cation. The assessment thus began to . be based on scientific data and principles-and was so designed as to leave sufficient margin to the cultivator to induce him to remain on the land and be assured of good share in increased production resulting from the employment of his labour and capital. The terms on which the ryot held the land was contained in the patta issued to him on behalf of the Government and this specified the extent of land held by him as well as the amount of the assess-ment and the time when the instalments had to be paid. This was not however considered to be any document of title, because the ryot had the property in him and his interest was proprietary interest in the soil and so capable

IHI

PU1wJ,.1/ianwr Nambudiri v. The State of Ker•l• AJy..,ar J.

IHI P11n11/aatluzmon Nambu4iri •• Tiii Sl4t1 •f lrtr•I o A_,,,,,.,., J.

of being alienated and of being transmitted to his heirs. This however was not anything new and it was not a.s if the intercet of the cultivator was not alienable before the ryotwari system was intro-Juccd. Before that date however, the assessment of the land was both heavy in most parts and un-equal- not being based on the productive capacity of the soil, as to leave little or no margin to the cultivator. Besides the predations of revenue and the severity of the tax was dependent on the exigencies and necessities, if not the whims of the ruler and in such situation, even though technical-ly cultivated land was capable of alienation there boing no ban on alienation, still having regard to the meagre margin left to the owner and tho fear of incn•sed taxttion based on no principle, no pur-chaser could be found; though owing to t.he impo-sibility of finding more profitable use for manual labour a.pa.rt from the sentimental attachment to land, tho actual cultivator clung to his holding. But when with the auvent of system of assessment baserl on fixed and scientific principles whioh left sufficient margin for the cultivator, and there was no fear of sudden increases of assessment, land became a. marketable commodity investment in which was rendered worthwhile.

that in Ma.la.bar absolute

Notwithstanding

owncrBhip of the soil by the Jenmi where the land was the property of individuals and of the State where it was the owner, was a. characteristic of the landholding, still from fairly early date after the British conquest of the neighbouring areas the concept of the cultivator with whom the State entered into direct relations being conceded the proprietorship of the soil slowly permeated.

In this connection I might usefolly refer to

proclamation of the ruler of Trava.ncore of 1865 ( 1040 M. E.) regarding Sarkar-pa.ttom la.nds, with the observation that subject to variations

(i) S.C.R. SUPREME COURT REPORTS

dependent on local usages, the system ... of land tenure and the concepts a.s regards the rights of property in land were substantially similar in Travancore and Cochin. Sarkar-pattom lands were what might be termed 'Crown lands' of which the ruler was deemed to be the Jenmi or the landlord. Previous to the proclamation the lands were legally capable of being resumed by the ruler, though this was seldom done and the cultivators were not legally entitled to transfer their rights and where this was done the Government had the right to ignore the transaction. The fact that the cultivator was conceived of as having no proprietary interest on the land also bore adversely on the State since the State was deprived of the means of realising any arrears of revenue by bringing the holding to sale. It was to remedy this situation that the proclamation was issued and the preamble and its terms carry the impress of the impact of the ryotwari system of Madras. The proclamation reads:

"Whereas we earnestly desire that the

possession of landed as well as other property in Our T~rritory should be as secure as possi-ble; and whereas We are of opinion that, with this view Sirkar Pattdm lands can be placed on much better footing than at pre-sent so as to enhance their value; we are plea-sed to notify to our Ryots-

lst. That the Sirkar hereby and for ever surrenders, for the benefit of the people, all optional power over the following classes of lands, whether wet, garden or dry, and whether included in the Ayacut accounts or registered since :

Ven Pattom, Vettolivoo Pattom, Mara.ya Pattom, Olavoo Pattom, Mara Pattom,

rHJ Puruiii.i,__. NambUiri . . ' v.

TA, Stall of/(110lo AJJatl,.,J.

and all such Durkast Pattom, the tax of which is understood to bo fixed till the next Survey and assessmPnt.

1111 Y.m.iirl •• Tiii St"1• of Ir ralo ~J.

2ndly. That. the Ryots holding these

lands may regard them full.v as private., herit-able, saleable, and otherwise trunsfcrable, property.

3rdly. Accordingly, the sales, mortgages,

k o., of these lands will hcncl'forward bo valid! may be effected on stamped c,1djans, and wil be duly registered. The lamh may bo sold for a1Tears of tax, in exoeution of decrees of Courts and suC'h other legitimate purposes, and may also be accepted as security by the Sirkar as well as by private individuals.

4thly. That the holders of the fonds in

question may rest assured that they miiy enjoy them undisturbed so long as the appoin · ted BBSessment is paid.

5thly. That the said holders are hence-

forth at full liberty to lay out labour and capital on their lands of the aforl'said descrip· tion to any extent they please, being sure of continued and secure possession ................. . .................. "

The language employed in the proclamation

is or significance. It speaks of the relinquishment or withdrawal of the right or the State and not or the conferment of right on the ryot so as to render the ryot grantee from the State, just in line with the Hindu Law theory of the proprietorship of the soil vesting in the occupant-cultivator.

With this background, I sh111l proceed to con·

sider the nature or the tenures-Pandaravaka and Puravaka-with whioh this petition is coucerned. The two tenures are quite different in their origin ' and essential characteristics and so have to be separately dealt with. Pandaravaka lands are those in which the State held proprietary rights-the

name being derived from Bandara or the treasury,

while in regard to the Puravaka, they were lands in which the proprietorship vested in the Jenmi, but which were under the cultivation of tenants on whom the St..te imposed land revenue. Putting aside for the moment the Puravaka lands, the Pandaravaka lands might be al}proximated to the Crown lands dealt with by tne Travancore Pro-clamation of 1865 already referred to. The terms on which the tenants held the right of the Crown were almost the same as in the other case. The evils which the system gave rise to, the economic insecurity of the tenant and the consequent lack of incentive on his part to put his best exertion on . the land and tlie resultant loss to the State in the shape of revenue as well as the rise of contented peasantry were exactly parallel to the situation which faced the ruler of Travancore leading to the proclamation of 186.5. It was in these circumstances that the ruler of Cochin issued proclamation on March 10, 1905, which defined with precision the rights of the State and of the cultivator in regard to these lands and it is the submission of the learned Attorney-General that the effect of this proclama-tion is to render ths Pandaravaka and Purava.ka lands held by the petitioner "estates" within the meaning of Art. 31A(2) of the Constitution as it now stands. It is therefore necessary to set out in some detail the terms of this proclamation.

The preamble to the proclamation recites the fact that the State demand had not been fixed either with reference to the actual measurements of the land or on any fi.'!:ed or uniform principles and that revision of tho State demand based upon correct measurement of lands and definite principles, fair alike to the State and "our" agricultural population, is desirable in the interest of sound revenue adqiinistration. It then proceeds to Btl\oW

llll ""'"'"'-NatkJiri •• TA1 ~lol10j K,,alo ,j.,...,.,J.

806 SUPREME OOURT REPORTS [1962] SUPP.

that survey which included the demarcation, map· ping and the preparation of an accurate record of titles in respect of all descriptions of properties was to be carried out and that Settlement or revision of the State demand would be eonducted in accordance with the principles laid down by the proclamation. In passing it may OO'mentioned that this is reminis· cent of the despatches of Thomas Munro in which he expatiates upon the need of proper survey and oorrect definition of the principles upon which land revenue shall be asseBSed and that the quantum of revenue should be such as while providing for fair share to the State, should leave enough for ' the cultivator to live upon and offer an induce· ment to him to increase the output of his fields in which event the surplus available to him would be more. In particular I might refer to passage in clespatch which is extracted by Westropp, C.J., in Vykunla Bapuji v. Gooemment of Bombay(') reading:

"When the land revenue is fixed and

light, the farmer sees that he will reap the reward of his own industry : the cheerful prospect of improving his situation animates his labours, and enables him to replaoe in short time the losses he may sustain from adverse seasons, the devasta· tions of war, and other accidents."

Paragraph 5 of the proclamation directs that

lands, whether wet or dry, were to be classified with reference to the nature of their soils in accordance with the table of claBSification prescribed in the Madras Settlement Manual which is sufficiently indicative of the close correspondence between the ryotwari system and mode of fixation of land revenue and the principles underlying it as prevailed in the neighbouring Presidency of Madras. Para-graph 6 reads :

"Under the present land revenue system of the State, lands are held under two main (I) 12 Bom. H.C.R. Appeadi \.I at p. 121.

tenures, viz., Pandaravaka and Puravaka ... "

At this stage it is necessary only to add that the

proclamation does not deal with the rights as bet-ween the State and Jenmis, i.e., that class of land owners who were entitled to freehold interest in the land as explained earlier. I shall deal later with special legislation with reference to J enmis in the other princely State which is constituent of present State of Kera la in its proper place. Para· graph 6 proceeds to enumerate the six subsidiary classifications of the Pandaravaka tenure and enumerates the Verumpattom type as the first among them and this type is taken as the standard for fixing the land revenue of the other categories which, it might be mentioned, are favourable tenants, the State demand being reduced. To these others which partake of the nature of grants of land revenue very different considerations would apply. The lands of the petitioner held on Pandaravaka tenure, it should be added fall within the sub-category of Verumpattom lands. The proclamation then proceeds to state :

"The revenue paid to the State varies

according to the nature of the tenure, i. e., the six sub-classes. It is however only the Pandaravak& Verumpattom lands which pay the full pattom or Bhare due to the State. We have accordingly decided that the Panda-ravaka Verumpattom shall be deemed as the normal tenure for settling the full State demand and that the other tenures shall be treated as favourable tenures and settled on the lines hereinafter indicated ............... "

Paragraph 7, after reciting that the rates of assess-

ment on Pandaravaka Verumpattom wet lands vary from place to place, points out that such dis-parity is indicative of unequal incidence and stating that it was essential that the State demand should

Ilel

Puru.rlwt1i4f11411 Nambudiri Y,

TM Stall of !(,,ala Ayyangar J,

1961 Pu.usllot"""""' Nomlnldiri •• 7L /JUie •I K.' 1rata A.van:cr J.

bear fixed proportion to the produce land is capable of yielding announces the decision that the same shall Im half the net produce. Tho deductions to be made for ascertaining the net pro<luce are in di· ca.tcd. The next claus" whieh is of relevance and importance in the present oontext is cl. 13 which runs:

"13. At present holders of Pandaravaka Vorumpattom lands do not possess any property in th~ soil. As we are convinced that proprietorship in soil will induce cultivatvr to improve his land and thereby add to the agricultural prosperity of the co1mtry, we hereby declare that our Verumpattom holders of Janela shall, after the now Settlement has been introduced, acquire full rights to the soil of tho lande they hold and that their rights shall remain undisturbed so long as t.hey regularly pay the State revenue, provided that the rights to metals and minerals, possessed by the State in all lands under whatever tenures they arc held, are reserved to the State."Paragraph 14 onwards deal with favourable tenures and of theso we are ooncerned only with Puravaka lands and it is pointed out in Paragraph 15 that in the caso of Puravaka lands the J enmi is reoognised a6 owning tho proprietorship in the land and is consequently entitled to share the produce with the cultivator and the Sirkar, and proceeds to define the State demand in such lands. There arc other clauses dealing with other incidents in regard to these tenures and in regard to other interests in the land such as house-sites etc. but we are not concerned with them. The proclamation also makes provision for the grant of rough or draft patt&S to cultivators and of fair pattas dot:iiling the assessment payable on such lands-provisions exaotly parallel to the practice and proeti· durc prevailing in the adjoining area of the Madras Presiden<w. Besides, it also makes

{I) C.S.R.

provision against any revision of the assessment once fixed before the expiry of 30 years, also in line with the then practice in Madras. I have made this analysis of the provisions of the proclamation for the purpose of emphasizing that what the proclamation intended to achieve was the introduc-tion of ryotwari system of &ettlement in the place of exactions by the State based on no principles and unrelated to the proiluctivity of the soil and haying an unequal incidence for different areas and different lands. The holder of Pandaravaka Verumpattom patta was therefore nothing more or nothing less than the holder of ryotwari patta in the adjoining Madras State. The only point of difference that could be suggested is this. Under the ryotwari system, the proprietorship of the ryot to the soil is not in theory derived from the State, whereas under the proclamation of 1905, it appears to rest on grant. In my opinion this makes no difference, because the essential features of the system are the same as those of ryotwari-( 1) direct relationship between the State and the culti-vator, and with the absenoe of any intermediary to intercept the raja bhagam or land revenue, (2) there is no grant or alienation of the States' right to revenue in favour of the grantee.

The Puravaka tenure was wholly different. They were lands held by Jenmis. As I shall show later, Jenmam lands were not exempt from the payment of land revenue but the Puravaka tenant had the benefit of favourable assessment. In other words, in respect of those lands the produce of the land was the subject of sharing as between the actual cultivator, the Jenmi and the State, though th ii J enmi had freehold interest in the land it.tielf.

The question for consideration now is whether

the lands held under patta. by Pandarava\ra Verumpattom and of Jenmam lands b! Puraval!:11-

Purwltolhaman Namlnuliti v. The State of Kefala Ayy""lfar .J.

810 SUPREME OOURT REPORTS [1962] SUPP.

tenant are "estates" within the meaning of Art. 31 (:!}.

IHI

N.,.b.Wi

Before examining the terms of Art. 31 (2) as they now stand, it is necessary to refer to the antecedent history which led to the First and the Fourth Constitutional Amendment.a. Preliminary to this it might not be out of place to briefly explain the circumstances which neceSBitated the First amendment as pointing to the mischief which that amendment was designed to remedy. Very soon after independence several States initiated land reforms whose object was the elimination of the intermediaries. The Madras Legislature enacted the Madras Abolition of Estates and Conversion into Ryotwari Act, 1948, by which intermediaries in the ehape of zemindars, Palayagars, J agirdars, Inemdars and other such proprietors were elimi-nated and persons in actual cultivation of the lands under the zemindars were brought into direct relationship with the government by being granted ryotwari pattas in respect of their former holdings. There 'was similar legislation in Bihar-Bihar Act l of 1950, as also in some of the other States of the Indian Union. The validity of the several pieces of legislation was challenged in the respective High Courts principally on the ground that the depriva-tion of the right.a of the zamindars etc. effected by these enactment.a and the principles upon which the compensation payable for the deprivation was determined violated Arts. 14, 19 and 31 of the Constitution. The firat case in which decision was rendered by High Court in respect of the contentions urg~d was by the Patnl\ High Court in Kame8hwar Singh v. St,ate of Bihar (') in which the petition succeeded and Biha.r Abolition of Estates Act 1 of 1950 was declared unconstitutional. An appeal we.e preferred by the State against the judgment to this Court and it was during (ll A,l.R. 1951 PatDa 91,

TM SIMI oj 1;,,.i

~..,.,J.

{l) S.C.R. SUPREME COURT REPORTS

the pendency of this appeal and with view to validat.e the legislation which had been enacted in the several States and which was the subject of attack in several Courts, including this Court, that First Constitutional Amendment by which Art. 31A was introduced into the Constitution, was enacted. The Constitution (First Amendment) Act, 1951, received the assent of the President on June 18, 1951, but Art. 31A which was introduced bys. 4 of this Aot was expressly made retrospective from the commencement of the Constitution. As then enacted Art. 3IA ran:

"31A. Saving of laws

providing for

acquisition of estates: etc.-( 1) Notwithstanding anything in the foregoing provisions of this Part, no law providing for the acquisition by the State of any estate or of any rights therein or for the extinguishment or modification of any suoh rights shall be deemed to be void on the ground that it is inconsistent with, or takes away or a.bridges any of the rights conferred by, any provisions of this Pa.rt :

Provided that where such law is law made by the Legislature of State, the provisions of this article shall not apply thereto unless such law, h1'ving been reser'17"ed for the considerl\-tion of the President, has received his assent.

(2) In this article, -

(a) the expression 'estate' shall in relation

to any local area, have the same meaning as that expression or its local equivalent bas in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or muafi or other similar grant ;

(b) the expression 'rights' in relation to

an estate shall include any rights vesting in proprietor, sub-proprietor, under-proprietor tenure-holder or other intermediary and any rights or privileges in respect of 1-nd j.'eVenue.~'

IllI

Prmuho,,,.._ Nam/Juiliri •• TA. Stall of K1rola A»""l"' J,

JllU hnuh4'/wnan Nambwliri '1711 814'1 '· of Ir ml• A-"""'"' J,

In addition t.he First Constitution Amendment Act also enacted by its s. 5 further provision -Art. 31B expre,,Jy validating the several enactments of tho various States which were then under challeng1> aml which were all set out in Sch. 9 of the Cc•nstitution. J<'rom this collocation it would be seen that whereas Art. 3IB immunised from attack all the pieces of legislation which had been enacted by June 1951, Art. 3IA was intended to render the same typrs of l~gislation enacted in future immune from attack, provided that the enactments were re· S'.lrved for the Presi<lcnt.'s assent and were assented to by him. It is with this hack ground that one hll<l to approach the construction o(Art. 3IA.

Clause (I) of Art. 31 docs not present any difficulty in construction with reference to the point now under discussion, because its terms are clear and apply to laws providing for "tht• acquisition by the State of any estate or rights therein" or "the cxtinguishmcnt or modification of any such rights". The cruci.il words h1>rc are that tho rights which arc acquired, extinguisher! or modified arc rights in or in respect of an "estate". If there had been no definition of the expression 'estate', one might have had to look to the gramm:itical of literal meaning of the wrird, ;,nd the word might conceivably be understood as including "' purson 's interest in landt•d pro1wrty whatover ma} be tho nature or extent of the interest, though the width of this meaning might be co11trolled by the history of the provision, the antecedent. state of circumstances and the mischid whidi it was de~igned to overcome. But the c11actmcnt has not left this matter for inve8tigatioH in that manner. Sub-clause (2)(a) contains tho definition of expression 'cstato' and sub-cl. (b) of "righti< in relation to an estate". It is obvious that the word 'estate' in sub-els. (a) and (b) mean the same am! is employed to cfosignate identical types of la.nd holcling. If the expression "right.a in relation to an estate" in sui;>.ol. (b)

(1) S.C.R. SUPREME COURT REPORTS

indicates that it is the "estate" or the right of the intermediary that is comprehended by the use of the words "proprietor, sub-proprietor, under-propril-tor, tenure-holder or other intermediary", clearly the expression 'estate' in sub-cl.(a) must be understood as referring to such types of landholder. It is also worth noting that the words "shall also include any jagir, inam or muafi or other similar grant'' in sub-cl. (a) have their parallel in sub-cl. (b) by the words "any rights or privileges in respect of land revenue." The net result therefore was that the term 'estate' signified the land held by an interme-diary who stood between the State and the actual tiller of the soil, and also the interests of those in whose favour there had been alienation of the right to revenue, i. e., landli held on revenue free or on favourable tenures. The two sub.clauses may now be futher examined to determine their content and significance. Taking first sub-cl. (a) it is necessary to advert to two matters : (I) the reference to the "local equivalent" of the term 'estate' in the law existing in any local area, and (2) the denotation of the words 'the existing law in relatwn to land tenures in force in that area'. In regard to the 'local equi-valent' of the term 'estate' there is one observation I desire to make. These words were not in the Bill as originally presented to Parljament and were brought in as result of the suggestion of the J<;>i.nt Select Committee to which the Bill was referred. In their report the Select Committee stated :"We have amended the definition of an 'estate' to cover cases where the existing Jaw relating to land-tenure is in regional language for example in Hindi or Urdu and uses the local equivalent of 'estate'."

I am far from saying that if the meaning of the expression were clear the purpose for which the words were used would determine their construction

J90l Punuhot"-Namiudiri •• TM Stah of K#!Glo A.JYDnl01'J.

11111 N lllftJudiri """""""""""" •• Tlie ~ of Ke1a(a »"1'lt11 J.

but I a.m drawing attention to this passage from the report of the Joint Select Committee for pointing out that by the use of the expression 'local equivall'nt' the central concept f,f an 'estate', a.s would be clear from the terms of sub-cl. (b), which in eft'ect is further definition of the term 'estate' was not intended to be departed from.

Next a.s to the meaning of "in the existing law in relation to land-tenures". These words raise for consideration the question as to what constitutes "a. land-tenure". If one had to go merely by tho grammatical meaning merely of 'tenure' derived from the Latin 'tenere' to hold, any kind of right or title by which property is held would be indudrd, the only requirement would be that the property should be held of another. In that wide Bense it wou Id include the case of land hdd under an ordinary tenancy under a. landlord under the Transfer of Property Act. Obviously that is not the sense in which the word is employed in the clause. It has therefore to be understood as comprehending that typo of "holding" where the holder is a.n intermediary between the Sta.to and the tiller, or is otherwise the grantee of land revenue holding the land under favourable tenure. If this is the essential feature of the concept of an 'estate' under cl. (2), the expreBSion 'land-tenure' must in the context mean the 'tenure' under which a.n 'estat~' as defined is held. To read it otherwise and understand 'land-tenure' as designating any system of landholding, whether or not such system conforms to the central and essential concept of estate, would not be correct. Such a.n interpretation would result in anomaly that in an existing law in force in a. local area. which uses the word 'estate' and includes within that definition particular tenures, only they and none else a.re included, but if such law does not refer to a. tenure as a.n 'estate' then it comprehends any

sis

(I} S.C.R. SUPREME COURT REPOR.TS

holding of land under Government whatever be the nature of the tenure. That would constitute radical departure from the purpose of the First Amendment and construction which is not compelled by the wor<ls, but on the other hand con-tradicted by the context and setting in which they occur.

This leads me to the case where an "existing law in relation to land-tenures" uses the term 'estate' and defines it in particular manner and that defini-tion includes not merely the proprietary rights of intermediaries or others holding land on favourable tenures as described in sub-cl. (b) but also others who hold properties in their own right and describes the land-holding of these others also as 'estates'. The question would then arise whether literal effect bas or has not to be given to the words 'defined as an estate under the law relating to land-tenures' occurring in sub-cl. (a). One possible view to take would be that having regard to the central concept of an 'estate' as signifying the' rights in land of an intermediary etc., those whose rights in land did not involve any assignment of the Raja bh>1gam but were in direct relationship with the State and subject to the payment of the foll assessment of the revenue lawfully imposed upon it, could not be termed to have an interest in an 'estate', nor the land held by them to fall within the concept of an 'estate' as comprehended in sub-ol. (a).

The other view would be that if the operative

terms of Art. 31A and in particular the definition of "an estate" contained in cl. (2)(a) unambiguously covered oases of non intermediaries also, effect would have to be given to the terms used for it is cardinal rule of interpretation that the opera-tive words of an enactment, and in this must be included the terms of the Constitution, cannot be controlled by reference to the object for which the provision was introduced where the words are unambiguous. If law in force in any local area

11/tl hnshotli....,, Nambudiri •• Th< Stllk of Kerala A:gongarJ.

1901 Putw""'hama Nam&utliri •• 7 ltt 8tai1 of Kmld . AXJO!lla J.

816 SUPREME COURT REF01 TS [1£62) srPP.

at the commencement of the Constitution whioh Wll8 "a law in relation to land-tenures" containerl the definition of an 'estate' thon every 8pecies of land-holding which fell \dthin the definition and Wal! comprehended by such law relating to land-tenure would, for the purpose of the Con8titution be comprehended within tho ambit of an 'estate' and it might be no answer in regard to any parti-cular species of land-tenure that its holder was not an intermediary. I shall havn ocr,asion tp refer to the decisionH which turn on this aspect of the matter little later. Apart from tho excep-tional coses just now mentioned where one is faced with definition of' an estate' in an existing law, I consider that thfl First Amendment to the Cons-titution did not bring within the definition of 'an estate' the holdings of persons other than inter-mediaries or those who held land under grants on favourable tenures from Government-Jagirdar, Inamda.r, Mua.fidar, etc. As pointed out by Venka.-tarama. Ayyar, J., speaking for this Court in 1'hal.-ur Amar Si71{Jliji v. State of Rajasthan (') :

"The object of Art. 31A was to save legislation which was directed to tho aboli-tion of intermediaries so as to establish direct relationship between the State and the tillers of the soil, ............ "

I shall now turn to sub-cl. (b) and to the ter-

minology employed in it to define 'rights in rela-tion to a.n estate' and examine how far this defini-tion affects the content of cl. (a) as above explai-ned. In the first place a.s already noticed, the use of the word 'estate in the clause serves to bring into it the concept of a.n 'estate' a.s defined in cl. (a) pointing to the inter-dependence of the two clauses necessitating their having to be read together. The seoond point requiring atlvertance is as rcg:uds the definition purporting to be inclusive and not exhaus-tive. The question a.rising therefrom may be

(I) [19'5] 2 S. C.R. 303, 332-333.

(I) S.C.R. SUPREME COURT REPORTS

posed thus : Does the definition include any other type of interest besides those enumerated, parti-cularly of different nature or characteristic which could not be comprehended within the extension brought in by the words 'or other intermediary'. I am clearly of the opinion that it does not and that the word 'includes' is here used in the- sense o! •means and includes'. In this connection I would UJlefully refer to the observations of Lord Watson delivering the judgment o! the Privy Council in Dilu·orth v. Commissioner for Land and lrworntr t&x (') :"The word 'include' ie very generally used in interpretation clauses in order to enlarge the mooning of words or phrases occurring in the body of the statute; and when it is 10 used these words or phrases must be coms-trued as comprehending not only such thing• as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include. But the word 'include' is suscepti-ble of another construction, which may be-come imperative, if the context of the Act is sufficient to shew that it was not merely employed for the purpose of adding to the natural significance of the words or expres-sions defined. It may be equivalent to 'mean and include', and in that case it may afford an exhaustive explanation of the meaning which for the purposes of the Act, must inva-riably be attached to these words or expres-sions."

If therefore the constitutional validity of

legislation extin 11;uishing or modifying the rights either of the Pandaravaka Verumpattomdars who were in the position of ryotwari pattadar ~r of the Puravaka hli>lders who held under Jenm1 of Jen-mam land had to be tested with reference to (.1) [189}] A. C. 99, 105.

IHI

Iturush1th•m en N•mitdiri Y, -Till Sl•te ef IC11.J• Ayy•nt•r J,

JlllJJ l\mirlt"'"""''" N "'"iutlfri •• n, Slal< •f K11ala A»-101 J.

Art. 3IA as it stood when it was introdn<>ed by the

First Amendment, these interests under the procla-mation of 1905 would not bo held to be an 'estate' and therefore outside the scope of the protection against tho guaranteed fundamental rights.

Before examining the effect of the change introduced by the Fourth Amendment to Art. 3IA it might be useful to detail the circumstances which put these tenures outside Art. 31A under the First Constitution Amendment. Taking the Puravaka tenure first, it ought to be mentioned that as would be seen from tho terms of the proclamation of 1905 extracted earlier, Puravaka lands were those in tho ownership of the Jenmi but in respect of which he was not directly in cultivation. The Jenmi was considered an absolute proprietor not more~ of lands which were cultivated but unlike the ryot-wari pattadar also those which were not under his cnltivatiol! such as waste lands, forests, etc., and he did not hold land under the State. In other words, hie proprietorship to or rights over the land or which he claimed ownership was not traceable to any title d~rivcd from the State. But notwithstand-ing this freehold right that he claimed and enjoyed the State was entitled from the earliest times to aeseBB his lands to land-revenue. Exemption from taxation was not any essential condition of Jen-mam tenure and the Jenmi waa under an obliga· tion to pay what was termed 'Raja bhagam' which was the equivalent of tho expression ')and-revenue'. This incidence of Jenmam land did not therefore detract from its character of its being the private and absolute property of the Jenmi. There was legislation in Tra van core as regards the liability of the Jenmi to pay the land-tax or the Raja bhagam except, of course, in those oases where anr particular land was rendered tax-free a.a mattey of grace or concession by the ruler. The legislation started with royal proclamation 1869 (1042 M.E.) dealing with the lands of Jenmis and their relation

with their tenants. This proclamation was replac-ed by Regulation 5 of 1071 (July 3, 1896) which continued in force with various amendments right up to the date of the Act whose validity is now impugned and is referred to in it. By these pieces of legislation the rights of the Jenmi quoad his tenants were regulated, the grounds upon which eviction would take place were laid down and the costomary rights enjoyed by either party were, so, to speak, codified. I am pointing this out because the existence of law regulating the rights of pro-perty-owners and defining their rights or obligations either quoad the Government in respect of land-revenue -or as regards persons holding land under them did not by itself render such law one "relat-ing to land-tenure" within the meaning of Art. 31A(2)( a). In order to be such law it should regulate the rights of persons holding under grants from the government of the Raja bhagom. Jaw defining or regulating the levy of asssesment or revenue on lands held not under such grants from the State would not be such law. It was for this reason that the interest of Jenmis and the lands owned in Jenmam right did not fall within Art. 31A as it stood under the First Amendment to the Constitution and which necessitated the Fourth Amendment to which I shall refer later. The posi-tion of persons holding lands on Puravaka tenure would not be different from that of the Jenmis. As the Puravaka lands were held not under the State or under a. grant from it but under the Jenmis, though liable to pay Raja. bhaga.m, they would not be 'estates'. '

The case of the Pandaravaka Verumpattomdats would be similar and the lands held by them would also not fall within the category of 'estate.' This would be so because they like ryotwa.ri pa.tta.da.rs held the lands for cultivation directly from the State, and were niether intermediaries nor persons

Purwhothaman Nambudiri •• Tht State of Kera/ti AJJangat J.

19dI Purwhothamari Nambutliri v. Tiu Btal1 of Jftrala Ayyangar J.

who held their lands on favourable tenure ~s regards the payment of land revenue in other words, they were not alienees of the Raja bhagam to any extent, and were there-fore· not intended to ho affected by the First Amendment. For this purpose it would make no difference whether the origin of the ryot's pro-. prietary interest in the land be traceable to the Hindu law concept of titlC' based on occupation and cultivation or to tho relinquishment by the State under the Travancore Proclamation of 1865 or even to the .confernie!).tr o-f 'propril•tary rights by the· Cochin Proclamation of. 1!)0~- It is only neces-sary to add that, their being outside the ambit of Art. 3~A(l!), and this would eqwdly llpply to the interest of'the·Jenmi; was not 'due to their ·tenure not being regulated 'by enacted. law, as distinct from rogul'ation either by the common law or by ·departmental instructions in the shape of the Standing Ordtirs of the B'oard of ·Revenue or otner similar ho.dies.

The Jloint next to be . considered is ·regarding the effect of the change brought about by the -Fourth Amendment in l!l55 which on its terms was also to hav'c retrospective effect from the com-mencement of the Constitution. Clause 3 of tlie Ac~ which \>as substituted for, th'l origina~ cl. 1 of Art. 31A, provideR for vari01rn t.ypcs of legislation interfering w.ith prnperty right.~. bnt in h•spect of the I!).att~r now in question the 'wottls in the origi-nal cJ. 1 reft"rring to "a law providing for tlio acquisition by the s'tate -Q_f an estate or of any rights therein or the extinguishment or morlifieation of any suchJights" wQre left unt.onche<l. In .regard to the definitioq,of an "est:i.t:i" contained in cl. 2 the only change effeote<l ,in sub,-.cl., (a) was the addition >0£ the -words "in the ~tat.es of Madras and Travancore & Cochin a_ny Janmam right" after the WO!'d "gr.ant" jn'the pl11use as it stood.and in sub-cl. ( b) the addition of the words "ryot and under-ryot"(1) S.O.R. SUPREME COURT REPORTS

after the word "tenure-holder"' in t,!10 original clause. After tho amendment, the relevant words in Art. 31A road as follows:

"( l) Notwithstanding anything contained

in article 13, no law providing for-

(a) the acquisition by the Stat;e of any

estate or of any rights therein or the extin-guishment or modification of any such rights ............ shall be deemPd to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, artfolo 19 01· article 31:

Provided th[l,t where such law is law

made by the Legislature of State, the provi-sions of this article shall not apply thereto un-less such law, having been reserved for the consideration of the President, has received his assent.

(2) In thia >trticle,--

(a) tho expression 'estate' shall, in relation

to any local•uea, have the same meaning as that erpression or it.s local equivalent has in the existing law relating to land tenures in force in that area, and shall also include ai.y Jagir, inam or muafi or other similar graiit, and in the States of Madras and Kerala, an:f• Janman right;

(b) the expression 'rights' iu relation to

an estate, shall iuclude any rights vesting in proprietor, sub-proprietor, nuder-proprietor, tenure-holder, raiyat, under·raiyat or other int.ermediary and any rights or privileges in respeet of land revenue."

It is not open to dispute that if the words of the statute are clear their import or content cannot be modified or varied either by way of extension or of-

Pwushothaman .Nambudiri v. The State qf Kera/a Ayyangar J.

i>wwholh!Wlan Narnburli1i Y, T~ State of A';·olu ncm J.

diminution by reference to the presumed intention

gatherable from the statement of objects and reasons to which I shall refer presently, for it is the enacted words that constitute the record of the intention of the legislature and where this is clear any extriDBic aid is forbiddon. Now lPt us look at tho definition of an "estnte'' in sub-cl.(a) where in express terms the lands held by Jcnmi a.re deemed to be pa.rt of an estate. The words that precede the newly intro· <faced words still retain their original form, with the result that they ·continue to connot the same idea and their content remains unaltered. The result of this would be that to the class of the lands of proprietors who were intermediaries and of others holding on favourable tenures which was designa-ted as an "estat,c" under the First Constitutional Amendment, Jenmi lands were by specific ad hoc addition included. If therefore the holding of ryotwari proprietor was not eomprehcnded within the definition of an estate, the same cannot be inclu· ded by reason of Jenmi lands being brought in. The argument that raiyatwari holding has merely by the inclusion of the Jenmi become an "estate" would require the entire clause to be rewritten so as to make it read as ombraoing all lands which are subject to payment of land revenue to government. I consider this contention so unreasonable and unrelated to the langu'lge UBed in the clause as not to deserve serious consideration.

Proceeding next to sub-cl. (b), I must point

out that it was on the introduction into it of the words 'raiyat and under-raiyat' that almost the entire argument on behalf of the respondent was rested. lt is therefore necessary to scrutinize care-fully the effect of these words. There is no doubt that if the words 'raiya.t and under-raiyat' ha.d been introduced in sub-cl. (b) as an independent ca.tegory of persons whose interest.a were intended to be covered by the definition, just as the lands held by Jenmis were brought into sub-cl.(a) then the wor~

of the definition would have to be given full efi'ect and the expression 'raiyat and under-raiyat' receive the construction urged before us by the respondent. But they are, however, not introduced as an inde-pendent category as has been done in the case of the Jenm~ right, but are wedged in the midst of the enumeration of the several types of tenures in e~tates such as those of proprietor, sub-proprietor under-proprietor and tenure-holder-persons deriv-lng their title to the interest held by them either under grants by sovereign or under title derived from grantees from government, the clause continu-ing to be wound up by reference to "other interme· diaries". As regards this few observations m11y per-tinently be made. The first is that even after the Fourth Amendment, "the rights vesting in pro-prietor" etc. still continue to be definition of "rights in relation to an eetate" and if the word •estate' in cl. (b) has to be read in the light of the definition of that word in cl. (a) no interest other than one in the estate of an intermediary or of grantee on favourable tenure and other than one in the estate of Jenmi would be covered by sub-cl.(b). (2) I have already had occassion to point out that raiyats in proprietary estates like those of zamin-darli etc. did not claim title to hold their lands from the proprietor but according to law, as understood their rights even preceded that of the proprietor, i.e., the rights vested in them even before their proprietor. The interest of such raiyats cannot therefore be comprehended within the expression 'rights in relation to an estate' which as ordinarily understood would mean 'rights created in an estate or held under the proprietor'. Undoubtedly, the words 'raiyat and under-raiyat' introduced by the Fourth Amendment would comprehend this class of raiyats because they were raiyats in an estate as defined in sub-cl.(a). I am pointing this out for the purpose of showing that it is not as if the words 'rai;rat and under-raiyat' would be without anr

IHI Purush.othaman NQm6udiri •• n, Stoi. •1 E,,.i. .. _,,,.Ill., J.

Purwhotham.ui ,,V•miudiri v. 1M StaU of Kua'.a

824 SUPREME COURT REl ORTS [1962] SUPP.

meaning if they were not takl'.n lo extend to the interest uf every raiyatwari proprictl1r h;iving direct relationship with the St:ttt•. fn this "nmoce. tion the decision in this Court in The State of Bihor \-. Rameshwar Pratap Namin Sim:;h (') is very relevant. The point in controversy bcforn the Court was this. Under the Bihar Land Reforms Act ( 1 of l!J50), the ex-intermediaries were coufcrred ryoti interest in certain types of Jami previously held by them as proprietors. As owners of these lands they had been holding me las in somo places on these lands aud were deriving con~idcrable income therefr<>m. By the Hihar L1.nd Hoforms Amendment Act of 1!15!!, their right to hold melas was taken away and it was the validity of this enactment that was challenged in the case. It was urged on their behalf that when the land-holders were converted into raiy1its, they were entitled to hold melas as an incident of their rights as raiyats and that this could not be adversely affected by State legislation without the same standing the test of scrutiny under Art". I \J, 31 etc. of tho Constitut.ion. The State uf Bihar which was the rcspon<knt in the Writ Petition sought the protection of Art. 31A of the Constitution as amended by the Fourth Amend-ment. Dealing with the meaning of the words the 'raiyat and unucr-rniyat' in Art. 3IA(2Xb) this Court s:i.id:

"lt iB reasonable to think that the word 'raiyat' was used in its ordinary well-accepted Bense, of the pcr8on who holds the !ttnd under the proprietor or tenure·holder for the purpose of cultivation, and the word 'under-raiyat' used in the equally well-acocpted and oridinary sense of person who holds land under niyat for the purpose of cul-tivation".

and speaking of tho purpose of the Fourth Amend-ment it was observed :

(ll [1962] 2 S.C.R. 382.

(1) S.C.R. SUPREME COL1Rl' REPORTS

"At that time laws had already been

passed in most of the States for the acquisi-tion of the rights of intermediaries in the estates; rights of raiyats or under raiyats who might answer the description 'intermediary' were also within the definition because of the use of the word 'or other intermediary'. The only reason for specifically including the rights of 'raiyats' and 'under-raiyats' in the definition could therefore be to extend the protection of Art. 31A to laws providing for acquisition by the State Governments ofrights of these 'raiyats' or 'under-raiyats'. In the circumstances and in the particular setting in which , the words 'raiyat' or 'under raiyat' were introduced into the definition, it must be held that the words 'or other intermediary'ooeurring at the end, do not; qualify or colour the meaning to be attacl:led to the tenures newly added".

In other words, the decision was that the object

achieved by the Fourth Amendment by the intro-duction of these two words in sub-cl. (b) was to ropu in the interests of 'raiyats' and 'under raiyats' in 'estates'; notwithstanding that the ryot might not derive his interest ,in his holding from the proprietor. The lands held by ryotwari pro-prieter other than those in 'estates' would not be an 'estate' within sub-cl. (a} nor the interest of such ryot in his holding an 'interest in an estate' within sub-cl. (b) having regard to the collocation of the words which I have attempted to explain earlier.

In support of the construction that the hold-

ings of ryots were comprehended within the defini-tion of 'estates' in Art. 31A(2), to submissions were made. The first was based on the object sought to be achieved by the Fourth Constitutional Amendment Act as set out in the statement of objects and reasons of the Bill. The pa81!&ge relied on rttads:

Purush1thaman .N ambutliri v. Thi Stall of Kerala AJ.7cnz•r J.

Punu/uJ//taman Nombruii<i v. 7:\, Stat1 of K1rola Anangar J.

"While tho abolition of zamindaris and the numerous intermediaries between tho State and tho tiller of the soil has been achieved for the most part our noxt objec-tives in land reform are the fixing of limits to the extent of agricultural lands that could be held or kept by any person, the disposal of any land held in excess of the prescribed maximum and tho further modification of the rights of landowners' tenants and agricultural holders".

I am unable to accept the argument that this passage can be of any assistance in tho construc-tion of cl. (a) or (b) of Art. 3IA (2). As already pointed out, any extrinsic aid to construction can sought only when the words of the statute reaso-nably and properly interpreted are of ambiguous import, and the construction of tho clnuses now un-der consideration leads to no ambiguity. In the cir-cumstances, to accept the construction contended for by respondent would be not to interpret the enacted words but to rewrite the clauses altogether. Besides, Art. 31A makes provision for special cases where on account of overwhelming social needs, the protec-tion normally afforded to the citizen by the guaran-tee of fundamental rights is withdrawn. It would, I consider, be proper rule of construction to interpret the terms of such provision with strict-ness which would serve to preserve the area of the guaranteed freedoms from encroachment except as specially provided. In other words, if the construction of Art. 31 were ambiguous, the ambiguity should be resolved in favour of the citizen, so as to preserve to him the guarantee of the fundamental rights guaranteed by Arts. 14, 19 and 31 except where the same has been denied to him by the clear words of the Constitution. Secondly reliance was placed on three

(1) S.C.R.

decisions of this Court: Shri Ram Ram Narayan Medhi v. The Stn,te of Bor11bay (1), Atnra Ram v. The Stn,te of PunJab ([2]) and Yavatamal v. Stn,te of Bom-bay ('). In the two reported decisions, no doubt this Court held that interests of persons simila,r to those of raiyatwari proprietors were comprehended within the definition of an 'estate' within sub-cl. (a) but the reasoning upon which this was rested is wholly inapplicable for resolving the controversy now before us. In the first case Sri Rani Narain Medhi v. The Stn,te of Bombay ([1]}, -the Bombay Land Revenue Code 1879 contained definition of an 'estate' which included not merely the estates of intermediaries such as zamin<laro, taluqdars and other proprietors but also an occupant, i.e., person who held directly under the government and whose property was assessed to land revenue in full. The question however was whether the provision in Art. 31 (2) (a) that the expression 'estates' "shall have the same meaning as that expression has in the existing law relating to land-tenures inforce in the area" could be read as per-mitting the exclusion from the definition of interest.a which were defined in such law as 'estates' on the ground that such interests were not those of a.n intermediary. This Court held that full effect had to be given to these words and that the definition of an 'estate' in pre-Constitution law relating to land-tenures must determine the content of that expression. It would be seen that the result would have been the same whether the case arose before or after the Fourth Amendment. The !lecision in Atma Ram v. The 'State of Punjab (•)proceeds on an identical basis and turned on the definition of an 'estate' in the Punjab Revenue Act 17of1887. In this, as in the earlier case in relation to the Bombay Land Revenue Code, there could be no dispute that the enactment was law in relation to land-tenure. The only question therefore wits

(I) [1959] Supp. 1 S. C.R. 489. (2) [1959) Suw. 1 s. c. R. 748, !3) [1962) 1 S.C.R. 733.

Purus/iQl/uJm4n Nambudiri

Tiu Stah of Keralti Ay; a"lar J.

Purusltfltltorrwa l'fambud,,1 v. Tiil 5, 'It of Kmrla Ayy.tnz.,- J.

whether full effect could or ought to be given to the words of the definition, and this was answered in the affirmative. In my opinion, the learned Attor· ney-General cannot derive any assistance from either of these decisions. In the unreported deci-sion in J'avatmal v. The St11te of Bombay (') the challenge was to the validity of Bombay enact· ment of 1958 whieh extended the.Bombay Tenancy & Agricultural Lands Act 1956 to the Vidarbha region, an enactment whose constitutional validity had been upheld by this Court in Medhi's case. The argument before the Court was that the lands of the poti· tioners were not an 'estate' and this, for the most pa.rt, was sought to be supported by the absence of any definition of the word 'estate' in the ~fadhya Pradesh Land Revenue Code of 1954 which was taken to be "the existing law relating to land· tenures" in the Vidarbha region. Thie Court a.ccep· ted the su bmieeion of Counsel for the respondent that Art. 31A applied to and saved the legislation from being impugned under Arts. U, 19 and 31 for the reason that the interest of the petitionrrs in that oaee (who were bhoomiewamis) was the local equivalent of an 'estate'. The decision, therefore, is no authority for the point now under consideration as to the proper meaning to be attached to the word 'raiyat' and 'under-ra.iyat' in sub-cl. (2)(b) of Art. 31A or as regards the effect of the Fourth Amendment to the Constitution in regard to the point now under controversy.From the foregoing it would be seen that the interests of the petitioner in the lands held by him ·on Puravaka tenure a.re within Art. 31A because they are lands belonging to Jenmi and so covered by the definition of an 'estate' as amended by virtue of the Fourth Amendment to the Constitutiou. With regard, however, to the Pandaravaka Verum-pattom lands I am clearly of the opinion that they are not an 'estate' and that the interests of the (I) [1962] I S. C.R. 733.

()SCR. SUPREME COURT REPORTS

petitioner in them do not amount to “an interest in1961an estate” within sub-cl. (b) of Art. 31A(2). —PurashthaminIt would followthatthe validity of theNambudiri|impugned Actin relation to Pandaravaka Iends The State ofKeralawould have to be considered with reference to Arts.AsyangarJ.It, 19 and 31. For the reasons stated in the-Judgment of this Court in Writ Petitions 114 and115 which’ need not be’repeated, I hold that the_impugned Act is constitutionally invalid and cannotbe applied to the Pandaravaka Verumpattomlands =.ofthe petitioner but that the petitioner would not beties._€ntitled to any relief as regards his - other proper-

oreeBy Court: In accordance with the opinion ofthe majority, the petition is dismissed. There. will-be no order asto costs...aeSe—Petition dismissed.

KARIMBIL_ KUNHIKOMAN

ss STATEOF KERATA

(P. B. Gasenpracapkar, A. K. Sarkar, K. N..Wancnoo, K.C. Das- Gupta and N. RasJaGOPALA||Ayyanaar, JJ.)00 co

_ for plantationsRyctwari of lands tea and— If “estates’—Com coffee etc., if violative pensation of — equal Provisions pro-tection of laws—The Kerala Agrarian Relations Act, 1961 (IVof 1961), ss. 3(39), 3(viit), 52,57,58,59,64,80—Constitution ofIndia, Arts. 14, 31A(7).So

The Kerala Agrarian Relations Act was impugned on

_Held, (per Gajendragadkar, Wanchoo and Das Gupta, .JJ-) that (1) the bill which was originally passed by Legis-lative Assembly which as dissolved and was reconsidered andre~passed by new legislative assembly did not-lapse andvalidly became the law when the President assentel to itafter it was payed by thesecond legislative assembly,0”