STATE OF BIHAR versus RAMESHWAR PRATAP NARAIN SINGH AND OTHERS.

STATE OF BIHAR versus RAMESHWAR PRATAP NARAIN SINGH AND OTHERS.

The Bihar Land Reforms Amendment Act, 1959, as it amends the Bihar Land Reforms Act, 1950 with retrospective effect, is a law providing for acquisition of rights in an estate within Article 31A of the Constitution. Even if inconsistent with Articles 14, 19, and 31, it is protected and not void. The legislative competence existed under Article 246. Rights to hold melas are rights in land and thus protected under Article 31A.

Parties
Appellant: State of Bihar; Respondents: Rameshwar Pratap Narain Singh and Others
Jurisdiction
India
Judgment Date
25 April 1961
Procedural Posture
Civil Appeal and Petitions Under Article 32 / Final Judgment on Validity of Amending Legislation
Outcome
Appeals by the State allowed. Civil Appeal No. 574 of 1960 and petitions under Article 32 dismissed.
Legal Topics
Fundamental Rights, Legislative Competence, Acquisition of Property, Retrospective Legislation
Constitutional Law Property Law Fundamental Rights Legislative Competence Acquisition of Property Retrospective Legislation

Case Brief

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Parties

State of Bihar

Appellant

Rameshwar Pratap Narain Singh and Others

Respondents

Procedural Posture

Civil Appeal and Petitions Under Article 32 / Final Judgment on Validity of Amending Legislation

Legal Issues

  1. 1 Whether the Bihar Land Reforms Amendment Act, 1959, as it amends the Bihar Land Reforms Act, 1950 with retrospective effect, violates Articles 14, 19, and 31 of the Constitution.
  2. 2 Whether the Bihar Legislature had legislative competence to enact the amendment under Article 246 of the Constitution.
  3. 3 Whether the amending legislation is protected by Article 31A as a law providing for acquisition of rights in an estate.

Ratio Decidendi

The Bihar Land Reforms Amendment Act, 1959, as it amends the Bihar Land Reforms Act, 1950 with retrospective effect, is a law providing for acquisition of rights in an estate within Article 31A of the Constitution. Even if inconsistent with Articles 14, 19, and 31, it is protected and not void. The legislative competence existed under Article 246. Rights to hold melas are rights in land and thus protected under Article 31A.

Court Disposition

Appeals by the State allowed. Civil Appeal No. 574 of 1960 and petitions under Article 32 dismissed.

Orders

  • The orders of the High Court issuing writs in favour of the applicants are set aside.
  • Applications under Article 226 made before the High Court are dismissed.