S. GANAPATHRAJ SURANA AND ORS. ETC. ETC. versus STATE OF TAMIL NADU ETC. ETC.

S. GANAPATHRAJ SURANA AND ORS. ETC. ETC. versus STATE OF TAMIL NADU ETC. ETC.

State Legislatures have competence under Entry 30 of List II to enact laws covering money-lending and relief of indebtedness, not restricted to agricultural debts. The Debt Relief Acts identify and protect weaker sections; limits are precise and consistent with social justice goals and directive principles. The impugned provisions do not unreasonably restrict fundamental rights under Articles 19(1)(f) or (g) nor violate Article 14; the restriction is not total, and policy decisions are within legislative discretion.

Parties
Petitioner: Surana; Respondent: State of Tamil Nadu; Respondent: State of Karnataka; Petitioner: Petitioners in Writ Petition No. 5431-33 of 1985 and Civil Appeals; Party: Other appearing parties
Jurisdiction
India
Judgment Date
04 August 1992
Procedural Posture
Writ Petitions (civil) Nos. 2603 2611 of 1982 Etc. Etc., Civil Appeals, Special Leave Petition / Original Jurisdiction; Final Judgment
Outcome
Petitions, appeals, and Special Leave Petition dismissed.
Legal Topics
Article 19(1)(f), Article 19(1)(g), Article 14, Seventh Schedule, Directive Principles (part Iv)
Constitutional Law Legislative Competence Fundamental Rights Article 19(1)(f) Article 19(1)(g) Article 14 Seventh Schedule Directive Principles (part Iv)

Case Brief

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Parties

Surana

Petitioner

State of Tamil Nadu

Respondent

State of Karnataka

Respondent

Petitioners in Writ Petition No. 5431-33 of 1985 and Civil Appeals

Petitioner

Other appearing parties

Party

Procedural Posture

Writ Petitions (civil) Nos. 2603 2611 of 1982 Etc. Etc., Civil Appeals, Special Leave Petition / Original Jurisdiction; Final Judgment

Legal Issues

  1. 1 Whether State Legislatures have competence under Entry 30 of List II to pass laws granting relief for non-agricultural indebtedness.
  2. 2 Whether Tamil Nadu Debt Relief Act, 1980 and Karnataka Debt Relief Act, 1976 violate Article 19(1)(f) and (g) of the Constitution.
  3. 3 Whether the legislative measures extinguishing debts are unreasonable or discriminatory under Article 14.

Ratio Decidendi

State Legislatures have competence under Entry 30 of List II to enact laws covering money-lending and relief of indebtedness, not restricted to agricultural debts. The Debt Relief Acts identify and protect weaker sections; limits are precise and consistent with social justice goals and directive principles. The impugned provisions do not unreasonably restrict fundamental rights under Articles 19(1)(f) or (g) nor violate Article 14; the restriction is not total, and policy decisions are within legislative discretion.

Court Disposition

Petitions, appeals, and Special Leave Petition dismissed.

Orders

  • Petitions, civil appeals, and special leave petition are dismissed; no order as to costs.