LexTUMATI VENKAISH ETC. ETC. versus STATE OF ANDHRA PRADESH
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'. " • • • .H TUMATI VENKAISH ETC. ETC. v. STATE OF ANDHRA PRADESH . May 9, 1980 1143 [Y. V. CHANDRACHUD,' C.J., P. N. BHAGWATI, V. R. KRISHNA IYER, V. D. TULZAPURKAR AND A P. SEN, JJ.] The Atu/hra P;adesh Land Reforms (Ceiling on Agricultural Holdings) Act I of 1913, as aniended by the Andhra Pradesh Land Reforms. (Ceiling on Agricuiturnl floldings) Amendment Act, 1977-Section. 4A Constitutional validity of-Whether, by reason of the enactment of the Urban Land (Ceiling and Regulatiou) Act 1976 (Central Act), the Andhra Pradesh Act had be· con1e void and inoperative. as being outside the legilslative competence of the A 11dhra Pradesh Legislature-Resolutions dated 7th April 1972 and 8th April 1972 passed by the Andhra Pradesh Legislative Council and the Andhra Pra~ desh Legislatil'e Assembly under Art. 252 ( 1) of the Constitution. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act I of 1973 wa's enacted 011 !st of January 1973. Though a Full Bench of the High Court of Andhra Pradesh when challenged by some of the land holders held! by its judgment dated I Ith April, 1973, the Act to be constitu· tionally valid; yet the· said Act was not brought into force till 1st January 1975. In 1977, the Act was amended with retrospective effect from 1st January 1975 by the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act · 1977. As soon as the Amending Act was pa'ssed, the land holders once again filed writ petitions in the High Court, challenging· the constitutional validity of the Andhra Pradesh Act. The main ground, inter alia, was that by reason of the enactment of the Urban Land (Ceiling & Regula- tion) Central Act, 1976, the Andhra Pradesh Act had become void and inope- rative. A Full Bench of five Judges of the High Court held that the enactment of A B c D E the Central Act did not have the effect of invalidating the whole of the F Andhra Pradesh Act, but since· the provisions of the Andhra Pradesh Act were repugnant to the provision's of the Central Act so far as ·concerned land satis- fying both the definition of "land" in the Andhra Pradesh Act and the :iefi- ni.tion Of "vacant land", in the 1 central Act, the Andhra Pradesh Act was held oot applicable to "vacant lands" falling within, the ambit of the Central Act. Save for this limited relief, the High Court dismissed the Wit petitions in all other respects. Hence the appeals by the land holders after obtaining G special leave· from this Court. Writ Petitions were also filed directly in this Court by ·:some of the land holders. J)ismissing the appeals, and writ petitions, the Court HELD : 1 .. Article 246 of the Constitution of India carves out an exception derogating from t'he normal distriblltion of legislative powers between the Union and the States. The effect of passing of resolutions by the Houses of H Legislature of two Or more State"s under this constitutional provision is that Parliament which has otherwise no power to legislate with respect to a matter, I A B c .D 1144 SUPREME COURT REPORTS (1980] 3 s.C.R. except as provided in Articles 249 and 250, becomes entitled to legislate with regard to such matter and the State Legislature passing the resolutions cease- to have power to make law relating to that matter. The resolutions operate as abdication or surrender of the powers of the State Legislatures with respect to the matter which is the subject of the resolutions and such matter is placed entirely in the hands of Parliament and Parliament alone can then legislate with respect to each. It is as if ·such matter is lifted out of list II and placed in List I of the Seventh Schedule to the Constitution. A plain natural cons- truction of the language of Clauses (!) and (2) of Article 252 makes this position clear. It was in pursuance of clause (1) of Article 352 that a resolu- tion was passed by the Andhra Prade'sh Legislative Council on 7th April, 1972 to the effect that "the imposition of ceiling of urban immovable property and acquisition of. such property in excess of the ceiling and all matters concerned therewith or ancilliary and incidental ·thereto should be regulated in the State of Andhra Pradesh by Parliament by law" and on identical resolution in the same terms was passed on the next day by the Andhra Pradesh LegfsJative Assembly. The result was that at the date when the Andhra Pradesh Act was enacted, Parliament alo
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