STATEMENT OF OBJECTS AND REASONS
Article 31B of the Constitution confers on the
enactments included in
the Ninth Schedule to the Constitution immunity from any
possible
attack that they are violative of any of the fundamental rights. The
immunity does not extend to any amendment made to such Acts
after
their inclusion in the Ninth Schedule.
2. Recourse was had in the past to the Ninth
Schedule whenever it was
found that progressive legislation conceived in the interest of the
public was imperilled by litigation. Several
State enactments
relating to land reforms and ceiling on agricultural land holdings
have already been included in the Ninth Schedule. The Sixth Five Year
Plan (1980-85) contains an assurance that "necessary action would be
taken to bring before Parliament land reform Acts not yet included in
the Ninth Schedule to the Constitution for immediate inclusion in the
said Schedule" and that the same "would be done in the case of future
Acts without delay so that these laws are protected from challenge in
courts". The State Governments of Assam, Bihar, Haryana, Tamil
Nadu,
Uttar Pradesh and West Bengal and the Administration of the
Union
territory of Goa, Daman and Diu have suggested the inclusion of some
of their Acts relating to land reforms in the Ninth Schedule. Some of
the Acts suggested for inclusion are by way of amendments to
Acts
already included in the Ninth Schedule. The various Acts which have
been suggested for inclusion have been examined and it is proposed to
include in the Ninth Schedule such of these Acts as have either been
challenged or are likely to be challenged and thereby ensure that the
implementation of these Acts is not adversely affected by litigation.
3. The Bill seeks to achieve the above object.
NEW DELHI:
HARINATHA MISRA.
The 31st July, 1983.
THE CONSTITUTION (FORTY-SEVENTH AMENDMENT)
ACT, 1984
[26th August, 1984.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Thirty-fifth
Year of the Republic
of India as follows:-
1. Short title.-This
Act may be called the
Constitution
(Forty-seventh Amendment) Act, 1984.
2. Amendment of the Ninth
Schedule.-In the Ninth Schedule to the
Constitution, after entry 188 and before the
Explanation, the
following entries shall be inserted, namely:-
"189. The Assam
(Temporarily Settled Areas) Tenancy Act, 1971
(Assam Act XXIII of 1971).
190. The Assam (Temporarily Settled Areas)
Tenancy (Amendment) Act,
1974 (Assam Act XVIII of 1974).
191. The Bihar Land Reforms (Fixation of
Ceiling Area and Acquisition
of Surplus Land) (Amendment) (Amending) Act, 1974 (Bihar Act 13 of
1975).
192. The Bihar Land Reforms (Fixation of
Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).
193. The Bihar Land Reforms (Fixation of
Ceiling Area and Acquisition
of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).
194. The Land Acquisition (Bihar Amendment)
Act, 1979 (Bihar Act 2 of
1980).
195. The Haryana Ceiling on
Land Holdings (Amendment) Act, 1977
(Haryana Act 14 of 1977).
196. The Tamil Nadu
Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).
197. The Tamil Nadu Land Reforms
(Fixation of Act Ceiling on Land)
Amendment Act, 1979 (Tamil Nadu 11 of 1979).
198. The Uttar Pradesh Zamindari Abolition Laws
(Amendment) Act, 1978
(Uttar Pradesh Act 15 of 1978).
199. The West Bengal Restoration of
Alienated Land (Amendment) Act,
1978 (West Bengal Act XXIV of 1978).
200. The West Bengal Restoration of
Alienated Land (Amendment) Act,
1980 (West Bengal Act LVI of 1980).
201. The Goa, Daman and Diu
Agricultural Tenancy Act, 1964 (Goa,
Daman and Diu Act 7 of 1964).
202. The Goa, Daman and Diu
Agricultural Tenancy (Fifth Amendment)
Act, 1976 (Goa, Daman and Diu Act 17 of 1976).".
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