WAMAN RAO & ORS. ETC. ETC. versus UNION OF INDIA AND ORS.

WAMAN RAO & ORS. ETC. ETC. versus UNION OF INDIA AND ORS.

The ceiling Acts on agricultural holdings fall squarely within Article 31A(1)(a), and their provisions are protected from invalidation on the ground that they are inconsistent with or abridge rights conferred by Articles 14, 19, or 31. The constitutional amendments introducing and amending Article 31A do not damage the basic structure. Laws included in the Ninth Schedule by amendments made after April 24, 1973, may be subject to judicial review if they damage or destroy basic features of the Constitution. The writ petitions and review petitions challenging the validity of the Maharashtra Acts are dismissed; those laws are valid.

Parties
Petitioner: Waman Rao & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
13 November 1980
Procedural Posture
Writ Petition/review Petition (constitutional Challenge) / Final Judgment on Merits and Review
Outcome
Petitions dismissed; challenge to constitutional validity of aforementioned Acts failed.
Legal Topics
Basic Structure Doctrine, Amendment of the Constitution, Agrarian Reform, Ceiling on Agricultural Holdings, Articles 14, 19, 31, 31 a, 31 B, 31 C—interpretation, Ninth Schedule to the Constitution, Doctrine of Stare Decisis
Constitutional Law Property Law Legislation Basic Structure Doctrine Amendment of the Constitution Agrarian Reform Ceiling on Agricultural Holdings Articles 14, 19, 31, 31 A, 31 B, 31 C—interpretation +2 more

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Parties

Waman Rao & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition/review Petition (constitutional Challenge) / Final Judgment on Merits and Review

Legal Issues

  1. 1 Whether Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (as amended by Acts 21 of 1975, 47 of 1975, and 2 of 1976) violates Articles 14, 19, or 31 of the Constitution and is thus unconstitutional.
  2. 2 Whether Article 31A of the Constitution, as introduced and amended, damages or destroys the basic structure of the Constitution.
  3. 3 Whether laws included in the Ninth Schedule by constitutional amendments after 24 April 1973 are immune from judicial review even if they violate basic features of the Constitution.

Ratio Decidendi

The ceiling Acts on agricultural holdings fall squarely within Article 31A(1)(a), and their provisions are protected from invalidation on the ground that they are inconsistent with or abridge rights conferred by Articles 14, 19, or 31. The constitutional amendments introducing and amending Article 31A do not damage the basic structure. Laws included in the Ninth Schedule by amendments made after April 24, 1973, may be subject to judicial review if they damage or destroy basic features of the Constitution. The writ petitions and review petitions challenging the validity of the Maharashtra Acts are dismissed; those laws are valid.

Court Disposition

Petitions dismissed; challenge to constitutional validity of aforementioned Acts failed.

Orders

  • All writ petitions and Review Petitions relating to the validity of the Maharashtra Agricultural Lands Ceiling Acts are dismissed with costs.
  • Stay orders granted in these matters stand vacated.