Holding

The First and Fourth Amendments, which introduced Articles 31A and 31B, are valid and do not damage the basic structure, and any law placed in the Ninth Schedule before 24 April 1973 is protected, while post‑Kesavananda inclusions are subject to the basic‑structure test.

Summary

The Supreme Court examined the constitutional validity of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and its subsequent amendments, which were placed in the Ninth Schedule, and whether the First and Fourth Amendments introducing Articles 31A and 31B violated the basic structure of the Constitution. The Court held that the First Amendment (Article 31A) and the Fourth Amendment (Article 31B) do not damage the basic structure and are valid exercises of Parliament’s constituent power. Laws entered in the Ninth Schedule before the Kesavananda Bharati decision (24 April 1973) enjoy protection, whereas those added after that date are open to challenge if they damage the basic structure. The Court also upheld the validity of the unamended Article 31C and dismissed the writ and review petitions challenging the land‑ceiling statutes, while finding the emergency proclamations and the Acts extending the Lok Sabha’s term to be lawful.

Issues considered

The constitutionality of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 and its amendments under Articles 31A, 31B and 31C
Whether the First Amendment (1951) and Fourth Amendment (1955) introducing Articles 31A and 31B violate the basic structure doctrine
The effect of the Ninth Schedule on the protectability of statutes placed therein before and after 24 April 1973
The applicability of Article 13(2) and the extent of ‘abridgement’ of fundamental rights
The relevance of the doctrine of stare decisis to the validity of Articles 31A, 31B and 31C
The validity of the emergency proclamations of 3 December 1971 and 25 June 1975 and the Acts extending the Lok Sabha’s term
The validity of the Constitution (Fortieth) Amendment Act, 1976 and the Constitution (Forty‑second) Amendment Act, 1976

Legislation cited

Constitution (First Amendment) Acts. Section 4 (Article 31A), s. Section 5 (Article 31B)
Constitution (Fortieth Amendment) Acts. 1976
Constitution (Forty‑fourth Amendment) Acts. Section 2 (deletion of Article 31(1)(f))
Constitution (Forty‑second Amendment) Acts. Clauses 4 and 5 of Article 368, s. Section 4 (Article 31C)
Constitution (Fourth Amendment) Acts. Section 3 (re‑sub‑clauses a‑e of Article 31A)
House of the People (Extension of Duration) Acts. Act 30 of 1976
House of the People (Extension of Duration) Amendment Acts. Act 109 of 1976
Maharashtra Agricultural Lands (Ceiling on Holdings) Acts. 1961, s. Amendment Act 2 of 1976, s. Amendment Acts 21 of 1975, s. Amendment Acts 47 of 1975

Subjects

constitutional amendmentbasic structure doctrineNinth Scheduleagrarian reformland ceilingArticle 31AArticle 31BArticle 31Cstare decisisemergency proclamationparliamentary extensionfundamental rightsArticle 13(2)Directive Principles

Judgment

1

WAMAN RAO & ORS. ETC. ETC. A
v.

UNION OF INDIA AND ORS.

May 9, 1980/November 13, 1980
[Y. V. CHANDRACHUD, C. J. , P. N. BHAGWATI, V. R. KRISHNA JyER,
B
V. D. TULZAPURK,AR AND A. P. SEN, JJ.]

Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 27 of 1961 as ..

aniended by Amendtnent Acts 21 of 1975, 47 of 1975 and 2 of 1976-Whether
violates Articles 14, 19 or 31 of the Constitution-Right to challenge, if a consti
tutional provision wliich deprives any person/citizen of the benefit and protec
aon of Article.J 14, 19 and 31 is invalid, any law on the ground it is inconsis
tent with or :that it takes away or abridges the right conferred by Part Ill of
c
the Constitution-Constitution of India, Article 13(2), scope of-Constitution
ali;y of .Articles 31A, 31B and the unamended Article 31C of the Constitut.fon
Doctrine ci stare decisis, applicability to Articles 3 lA & 31 B-l-Iouse of the
People (Extensioll of Duration) Act (30 of 1976) section 2 and House of the
People (Exti'nsion of Duration) Act (Act 109 of 1976) section 2-Proclaniation
of Emergency dated Decen1ber 3, 1971 and June 25, 1975, Constitution (Fortie1h
D
Amendment) Act, 1976-Validity of.

A ceiling on agriculturaJ holdings v.•as imposed in Maharashtra by the
�laharashtra Agricultural Lands (Ceiling on Holdings) Act 27 of 1961, which
W<l:l brought into operation on January 26, 1962. The ceiling fixed by the
Act (Principal Act) was lov»ered and certain other amendments ¥.'ere made
to tlrnt Act by Acts 27 of 1975, 47 of 1975 and 2 of 1976. The validity of
1hcse Acts was challenged in the Bombay High Court. The Division Bench
E
at Nagpur repelled that challenge by its judgment dated August 13, 1976 in
Vd!ialrao Udhaorao Uttarwar v. Slate of Maharashtra, AIR 1977 Bombay 99.
TI1e appeals filed against the said decision were dismissed by the Supreme
Court by its judgment in Dattanaya GO\'ind Mahajan v. Stale of
Maharashtra, [19771 2 SCR 790. The only point urged in these appeals \\1as
that the Jlrincipal Act, as amended, was void.. being violative of the second pro
viso to Article 3lA(1), tn so far as it created an artificial "family unit" and F
fixed the unit on the agricultural holdings on such family units. The argu
n1ent that the violation of the particular proviso deprived the impugned laws
of the protection conferred. by Article 3 lA \vas rejected by the Cotut on the
view 1bat even if the impugned provisions were violative of the second proviso
they y-;·ould receive the protection of Article 31B by reason of the inclusion of
the Principal Act and the amending Acts in the Ninth Schedule. The Court
con£idered whether, in fact, the provisions of the impugned Acts Vi'ere violative G
of the second proviso and held that it was entirely for the Legislature to decide
what policy to adopt for the purpose of restructuring the agrarian system and
the Court could not assume the role of an economic adviser for pronouncing
upon the wisdom of such policy. The second proviso to Article 31A(l} was
therefore held not to have been contravened.

'fhe judgment of this Court in these appeals \Vas delivered on January 27, H
1977 while the proclamation of emergency was in operation. On the revoca
ticn of that proclamation, petitions were filed in this Court by the appellants
2 SUPREME COURT REPORTS [1981] 2 S.C.R.

A praying for the review of the judgment in Dattaraya Govind Mahajan on
rhe ground that .several contentions, which were otherwise open to them for
assailing the constitutional validity of the impugned Acts, could not be made
by reason of the emergency and that they should be permitted to make those
contentions since the emergency was lifted. Fresh Writ Petitions were also
filed in this Court in \Vhich those contentions were put forward. The Court
acceded to the request for the review and hence the peititions.
B
Dismissing the petitions, the Court

HELD : (Majority view)

Per Chandrachud, C.J. (On his O\Vll behalf and on behalf of Krishna Iyer,
Tulzapurkar and Sen, JJ.)

C A. (I) The Constitution (First Amendment) Act, 1951 which introduced
Article 31A into the Constitution with retrospective effect and sec. 3 of the
Constitution (Fourth Amendment) Act, 1955 \vhich substituted a new clause
(lJ, sub·clauses (a) to (e) for the original clause (1) with retrospective effect,
do not damage any of the basic or essential features of the Constitution or
its basic structure and are valid and constitutional being within the constituent
power of the Parliament. [9 F-G=45 H, 46 A-BJ
D
(2) The Agricultural Ceiling Acts, fall square�y within the terms of clause
(a) of Article 31A(I). Those Acts provide for the extinguisbment and modi
fication of rights in an ''estate'", the expression "estate" being defined by
clause (2) (a) (iii) to mean "any land held or let for purposes of agricul-
rure or for purposes ancillary thereto . . ... . ". It must follow, as a necessary
coroJlary, that the. impugned Acts are entitled to the protection of Article
E 3JA(l )(a} with the result that their provisions cannot be deemed, and there
fore cannot be declared, to be void on the ground that they are inconsistent
'vith or tale away or ::bridge any of the rights conferred by Articles 14, 19
or 31. [17 A-CJ

(3) If a constitutional provision, which deprives the peuuoners of the
benefit and protection of Articles 14, 19 and 31 is invalid, the petitioners will

F be entitled to challenge the impugned laws on the ground that they are in�
consistent with or that they ta.ke away or abridge the rights conferred by Part
Ill of the Constitution. Article 13(2) has a sensitive touchstone. Not only
does it mandate that the State shall not make any law which takes away or
abridges the rights conferred by Part III but, it provides that any law made in
contravention of the clause shall, to the extent of the contravention. be void.
:r-,fere abridgement, that is to say curtailment, and not necessarily abrogation,

G rthnt is to say total deprivation, is enough to produce the consequence pro
vided for by Article 13(2). (17 C-E]

(4) Though the withdrawal of the application of Articles 14, 19 and 31 in
respect of laws which fall under clause (a) is total and complete, that is lo say,
the application of those articles stands abrogated, not mere1y abridged, in res�
pcct of in1pugned enactments \Vhich indubitably fall within the ambit of clause
(a), every ca.se in which the protection of a fundamental right is withdrawn
H
will not nece�sarily' result in damaging or destroying the basic structure of the
Constitution. The question as to whether the basic structure is damaged or
destroyed in any given case would· depend upon which partic ula r Article of
WAMAN RAO v. UNION 3

Part 111 is in issue and. whether what is withdrawn is quint-essential to the A
basic structure of the Constitution. [18 B·D]

(5) The true position of Jav..· on the subject of Parliament's power to amend
�he Constitution is that though the Parliament has the power to amend each
and every Article of the Constitution including the provisions of Part III the
amending power cannot be exercised so as to damage or destroy the basic struc-
ture of the Constitution. [19 G-H]
B
H. H. Kesavananda Bh arati v. State of Kerala, [1973] Supp. SCR 1; Stnt.
Indira Nehr11 Gandhi v. Raj Narain, [1976] 2 SCR 347 and Minerva Mills Ltd.
\'. Union of India & Ors., [1981] I SCR p. 206, referred to.

(6) If Article 31A were not enacted. so•ne of the main purposes of the
Con:;titution would have been delayed and eventually defeated and that by the
First Amendment, the constitutional edifice \Vas not impaired but strengthened. C
The First and the Fourth An1endn1ents, especially the First were made so
closely on the heels of the Constitution that they ought indeed to be c onside red
as a rart and parcel of the Constitution itself. These amendments are not
born of second thoughts and they do not reflect a fresh look at the Constitution
in order to deprive the people of the gains of the Constitution. They are in
the truest sense of the phrase, a contemporary practical exposition of the
Constitution. [26 E-F, G-H, 27 Al D
(7) Article 39 of the Constitution directs by clauses (b) and (c) that the
ownership and control of the n1ateri:;il resources of the community are so dis
trihuted as best to subserve the common good; that the operation of the eco
nomic system does not result in the concentration of wea.lth and means of
production to the common detriment. These twin principles of State policy
\;i.:ere a part of the Constitution as originally enacted and it is in order to effec-
E
tuate the purpose of these Directive Principles that the First and the Fourth
Amendments "\Vere passed. {27 A-B]
(8) Article 31A(l) could e<:.sily have appeared in the original Constitution
itself as an illustration of its basic philosophy. What remained to be done in
the hope that vested interests will not distort the base of the Constitution1 had
to be undertaken 'vith a sense of urgency and expediency. It is that sense and
sensitivity which gave birth to the impugned amendment. The progress in the F
degeneracy of any nation can be rapid, especially in societies riven by econo�
1nic disparities and caste barriers. We embarked upon a constitutional era
y· holding forth the promise that \Ve will secure to all citizens justice. soc i al eco
, ...

nornic and political; equality of status and of opportunity; and, last but not
the least, dignity of the individual. Between these promises and the First
Amendment there is discernible a nexus, direct and immediate. Indeed, if
there is one place in an agriculture-domina.ted society like ours where citizens G
can hope to have equal justice, it is on the strip of land which they till and
Jove, the land which assures to them the dignity of their persons by _providing
to them a near decent means of livelihood. [28 .E-H]

(9) The First Amendment has made the constitutional ideal of equal justice
a living truth. It is like a n1irror that reflects the ideals of the Constitution,
it is not the destroyer of its basic structure. l"fhe provisions introduced by it
H
and the Fourth Arnendn1ent for the extinguishment or modification of rights
in lands hekl or let for purposes of agriculture or for purposes ancillary thereto,
•trengtben rather than weaken the basic structure of the Cons tit ution. [29 A-Bl
4 SUPREME COURT REPORTS [1981] 2 S.C.R.

A The First An1endment is aimed at removing social and economic disparities in
the agricultural sector. It ma.y happen that while existing inequalities are
being removed, new inequalities may arise marginally and incidentally. Such
marginal and incidental inequaliti..::s cannot damage or destroy the basic struc
t;.ue of the Constitution. It is impossible for any Government, howsoever ex
pertly advised, socially oriented and prudently managed, to remove every econo
n1ic disparity without causing some hardship or injustice to a class of persons
B who also are entitled to equal treatment under the law. Thus, the adoption
of ''family unit" as the unit of application for the revised ceilings may cause
incidental hardship to n1inor children and to unmarried daughters. That can
not, however, furnish an argument for assailing the impugned laws on the
ground that they violate the guarantee of equality. It seems ironical indeed
that the laws providing for agricultural ceilings should be stigmati<;ed as des
troying the guarantee of equality when their true object and intendment is to
C remove inequalities in the matter of agricultural holding,<;. [29 B-El

The note of the Panel set up by the Planning Commission in May 1959 on
the adoption of "family unit'" as the unit of application for the revised ceilings
and the counter-affidavit of the Deputy Secretary to the Govt. of �1aharashtr::i.
show the relevance and efficacy of the family being treated as the real ope
rative unit in the movement for agrarian reform. Considering the Indian social
D tnilieu, the Panel ca.me to the conclusion that agricultural ceiling can be most
equitably applied if the base of application is taken as the family unit consist
ing of husband, wife and thn::e minor children. In vieiw of thi:s expert data
a L.i\V passed truly for in1plementing the objective of Article 3lA(1) (a) can

not be open to chnllenge on the ground that it infringes Articles 14. 1 9 or 31.
[29 E·G]

E B. (1). The An1endment introduced by sec. 4 of the Constitution (First
Amendment) Act, 1951 dues not dn.mage or destroy the basic structure of the·
Constitution. That :\tnendment 1nust, therefore, be upheld on its o\.\ n merits.
[29 HI

(2) The validity of Article 31A. cannot be upheld by applying the doctrine
of stare deci:ls, though the Article has continued to be recognised a<; valid ever
sin.;e it -was introduced into the Constitution. The constitutional validity of
Article 31A has been n.:cugnised in the four deci�dons, namely, Sliunkari Prasad
v. Union of India, [J.952] SCR 89. 95; Sajjan.1•fngh v. State of Rajasthan,
[1965j I SCR 933; l. C. Golaknath v. Union of India & Or,., [1957] 2 SCR
762 and H. H. Kesava11a11da Bltarati Sripada[.?alavaru v. State of Kera/a, [1973J
Suppl. SCR 1. sometimes directly, sometimes indirectly and sometimes inciden
tally. It m� be mentioned, though it has no relevance on the applicability
G of the rule of stun: dccisi!>, that in none of the three earlier decisions was
the validity of Article JlA tested on the ground that it damaged or destroyed
the basic structure of the Constitution. That theory was el::iborated for the
first time in Kesa1·a11anda Bharati and it was in the majority judgment deliver
ed in that case that the doctrine found its first acceptance. Even in the two
latest cases, namely, Atnhif..:u Prasad Mishra v. S1ure of U.P [1980] 3 SCR
..

p. 1159, Thurnuti Venkaiah v. State of A.P., [19801 3 SCR 1143 the ques
tion as to whether Article 3lA C<�n be upheld by applying the doctrine of
H
stare deci.\is was never decided. Nor was the qu estion of vire-; of Articles
3L\, 318 and 31C (unamended) considered in these decisions.
[30 G-H, 31 A-B, C, 32 B·Cl
WAMAN RAO V. UNION 5

It is true to say that for the applicatio·n of the rule of stare decisis, it is A-
not necessary that the earlier decision or decisions of long standing should have
considered and either accepted or rejected the particular a.rgument which is
advanced in the case on hand. Were it so, the previous decisions could more
easily be treated as binding by applying the law of precedent and it will be
unnece�sary to take resort to the principle of stare decisis. It is, therefore,
3ufficicnt fOl" invoking the 1·ule of stare decisis that a certain decision was
arrived at on a question v,.·hich arose or was argued, no matter on what reason
n·
the decision rests or \Vhat is the basis of the decision. In other words, for
the purpose of applying the rul_e of stare dccisis, it is unnecessary to enquire
or determine as to ·what was the rationale of the earlier decision which is said
to operate as stare decisis. Therefore, the reason why Article 3 lA was upheld
in the earlier decisions. if indeed it was, are not germane for the purpose of
deciding whether this is a fit and proper case in which to apply that rule.
[34 C·G]
C
But there are four principal reasons for not invoking the rule of stare
decisis for deciding upon the constitutionality of Article 3 lA. In the first
place, Article 31A breathes its ov.·n vitality, drawing its sustenance from the
basic tenets of our Constitution. The second reason is that neither in
Slzankari Prasad, nor in Saijan Singh nor in Golak Nath and evidently not in
Kesavananda Bharati, was the question as regards the validity as such of Arti
cle 31A raised or decided. 111irdly, the history of the World's constitutionM
law shows that the principle of stare decisis is treated as having a limited
application only. The fourth reason is that on principle rules like stare decisis
should not be invoked for upholding constitutional devices like Articles 3 lA,
31B and 31C which are designed to protect not only past laws but future lav.rs
also. The principle of stare decisis can apply, if at all, to laws protected by
these articles, if those laws have enjoyed the protection of these articles for
a long time, but the principle cannot apply to the articles themselves. The E
principle of stare decisis permits the saving of hnvs the validity of which has
been r.ccepted or recognised over the years. Tt does not require or sanction
that, in future too, la\VS m<Jy be passed even though they a.re invalid or un
constitutional. Future perpctrJ,tion of illegality is no part' of the doctrine of
stare dcci5is. [34 F-H, 35 A-B, D, 36 B-E]

Burnet v. Coronado Oil & Gas Co., 285 US. 393, 406; Tramways Case (No. F
1) 1914 (CLR) 54@ 58; Bengal Immunity Case [1955] 2 SCR 603; Income
Tax Officer, Tuticorin v. T. S. D. Nadar, AIR 1968 SC 623; New York v.
Unlfed States, 326 U.S. 572, 590-591 [1946]; U.S. v. International Boxing Club,
348 U.S. 236. 249 [1955]; Mac Pherson v. Buick Motor Co., 217 N.Y. 382,
391 [1916]; State of Woshington v. W. C. Dawson & Co., 264 U.S. 219, 238
[1924] James Morwroe v. Frank Pape, 5 L.Ed. 2nd U.S. 492, 523, 528, quoted
with approval. G
C., ( 1) All amendments to the Constitution which were made before April
24, 1973 and by which the Ninth Schedule to the Constitution was amended
from time to time by the inclusion of various Acts and Regulations therein are
•
valid and constitutional. Amendments to the Constitution made on or after
April 24, 1973 by which the Ninth Schedule to the Constitution was amended
from time to time by the inclusion of various Acts and Regulation therein, are
open to challenge on the ground that they. or any one or more of them, are
H
beyond the constituent power of the Parliament since they damage the basic or
essential features of the Constitution or its basic structure in view of the Judg�
6. SUPREME COURT REPORTS [1981) 2 S.C.R,

A men.t in Kesavananda Bharati. If any Act or Regulation included in the Ninth
Schedule by a; constitutional amendment made on or after April 24, 1973 is
saved by Article 3 IA, or by Article 31 C as it stood prior to its amendment by
the. Forty Second Amendment, the challenge to the validity of the relevant
co"stitutional Amendment by which that Act or Regulation is put in the Ninth
Schedule, on the ground that the Amendment damages or destroys a basic or
essential feature of the Constitution.1 or its basic structure as reflected in Articles
B 14, 19 or 31, will become otiose. [IO C-F=46 C-FJ
(2) Article 31B provides that the Acts and Regulations specified in the
Ninth Schedule shall not be deemed to be void or ever to have become void on
the ground that they are inconsistent with or take away or abridge ahy of the
rights conferred by Part III of the Constitution. The provisions of the· Article
are expressed to be without prejudice to the generality of the provisions i.n
Article 31A and the concluding portion of the Article supersedC"..s
c any judgment, decree or order of any court or tribunal to the
contrary. This Article wa<> introduced into the Constitution by section 5 of
the Constitution (First Amendment) Act, 1951, Article 31A having been intro-
duced by section 4 of the san1e Amendment. Article 31B bas to be read along
with the Ninth Schedule because it is only those Acts and Regulations which
are put in that Schedule that can receive the protection of that article. The
Ninth Schedule was added to the Constitution by section 14 of the First Amend-
D ment Act, 1951. The device or mechanism which sections 5 and 14 or the
First Amendment have adopted is that as and \V'hen Acts and Regulations are
put in.to the Ninth Schedule by constitutional amendments made from time to
tin1e, they will automaticaJly by reason of the provisions of Article 31B, receive
the protection of that article. [36 F-H, 37 A-B].
The view of the Court that it would not be proper to invoke the
doctrine of stare decisis for upholding the validity of Article 31A, must
govern the question of the validity of Article 31 B. But just as there
are significant similarities between Articles 31A and 31B, there is a significant
dissimilarity too. Article 3 lA enables the passing of Jaws of the description
mentioned in clauses (a) to (e), in violation of the guarantee afforded by Arti-
cles 14 and 19. In so far as Article 31B is concerned, it does not define the
category of laws which are to receive its protection, and secondly, it affords
protection to Schedule-laws against all the provisions of Part III of the Constitu~
F tion. No Act can be placed in the Ninth Schedule except by the Parliament and
since the Ninth Schedule is a part of the Constitution, no additions or alterations
can be made therein without complying with the restrictive provisions governing
amendments to the Constitution. Thus, Article 31B. read with the Ninth Sche-
dule provides what is generally described as, a protective umbrella to all Acts
which are included in the Schedule, no matter of what character, kind or cate-
gory they may be. Putting it briefly, whereas Article 31A protects laws of a
G defined category, Article 3 lB empowers the Parliament to include in the Ninth
Schedule such laws as it considers fit and proper to include therein. Thus the
fourth reason for not applying the rule of stare decisis to Article 3 lA that any
particular law passed under clauses (a) to (e) can be accepted as good if it
has been treated as valid for a long number of years but the device in the form
of the Article cannot be upheld by the application of that rule, applies to Article
31B read with the Ninth Scheduie by the self-same test.
H [37 G-H, 38 B-D, E-FJ
(3) The decision in Kesavananda Bharati must be treated as a landmark.
The theory that the Parliament cani;iot exercise its amending power so as to
WAMAN RAO v. UNION 7

damage or destroy the basic stJ.ucture of the Constitution, was propounded and A
accepted for the first time in Kesavananda Bharati. This is one· reason for
holding the laWli incorporated into the Ninth Schedule before April 24, 1973,
on which date the judgment in Kesavananda Bharati was rendered. The second
reason for drawing a line at a convenient and relevant point of time is that the
first 66 items in the Ninth Schedule, which were inserted prior to the decision
in Kesavananda Bharati, mostly pertains to laws of agrarian reforms.
[38 G·H, 39 A,BJ B
D. (1) Article 31C of the Constitution, as it stood prior to its amendment by
section 4 of the Constitution (Forty Second Amendment) Act. 1976, is valid
to the extent to which its. constitutionality was upheld in Kesavananda Bharati.
Article 31C, as it stood prior to the Constitution (Forty Second Amendment)
Act does not damage any of the basic or essential features of the Constitution
or its basic structure. Once it is held that Article 3 lA is valid on its own merits,
it must follow logically that the unamended Article 31C is also valid. The un·
c
amended portion of Article 31C is not like· an unchartered ship. It gives pro-
tection to a defined and lin1ited category of la\vs which are passed for giving
effect to the policy of the State towards securing the principles specified in
clause (b) or clause_ (c) of Article 39. It is impossible to conceive that any
law passed for such a purpose can at all violate Article 14 or Article 19. In
fact, far from damaging the basic structure of the Constitution, laws passed
truly and bona fide for giving effect to directive principles contained in clause
D
(b) and (c) of Article 39 will. fortify that structure. [10 F-0, 40 G·H, 41 A-CJ

E. (!) The normal term of the Lok Sabha expired on March 18, 1976. On
April 2, 1976, the Lok Sabha passed the Fortieth Amendment Act by which the
Maharashtra I.and Ceiling Amendment Acts were put in the Ninth Schedule
as Items 157, 159 and 160. On November 24, 1976 the House of People
(Extension of Duration) Amendment Act was passed extending the term of E
the Parliament for a further period of one year. The Forty Second Amendment
Act was passed on November 12, 1976. The Lok Sabha was dissolved on
January 18, 1977 and both the emergencies dated December 3, 1971 and ·lune
25, 1975 were revoked on March 21, 1977. [43 E·G]

In so far as the proclamation of December 3, 1971 is concerned, there was
manifest justification for that coufse of action. The danger to the security of F
the country was clear and present. From the various dates and events men-
tioned and furnished to the Court, it may be possible for a layman to conclude
that there was no reason to continue the state of emergency at least after the
formality of exchanging the prisoners of war was completed. But Courts have
severe constraints which deter them from undertaking a task which cannot
judicially be performed. [44 D-F, HJ
G
(2) The two Acts, the House of the People (Extension of Duration) Act,
Act 30 of 1976 and the House of the People (Extension of Duration) Amend,
ment Act 109 of 1976, by which the duration of the Lok Sabha was extended
are valid and lawful. The Fortieth and the Forty Second Constitutional Amend-
ments cannot, therefore, be struck down on the ground that they were passed
by a Lok Sabha which was not lawfully in existence. [45 F·G]

Section 2 of the first of these Acts, Act 30 of 1976, which was passed on H
Febru;iry 16, 1976, provided that the period of five years in relation to the then
House of. the People shall be extended for a period of one year "while the Pro-
8 SUPREME COURT REPORTS [1981) 2 S.C.R.

A clamation of Emergency issued on the 3rd day of December, 1971 and on the
25th day of June, 1975, are both 1n operation." The second Act of Extension
continue! to contain the same provision. Both the proclamations of emergency
were in fact in operation on February 16, 1976 when the first Act was passed
as also on November 24, 1976 when the second Act, 109 of 1976, was passed.
Neither the first Proclamation can be deemed not to be in existence, nor can
the second Proclamation be held to have been issued mala fide and, therefore
non est, since the evidence produced before the Court is insufficient for record~
ing a decision on either of these matters. [45 C-F]
Per Bhagwati, J. (Contra)
The doctrine of stare decisis can be invoked for sustaining the constitutional
validity 'of Article 3 lA. (50 El ·
Minerva Mills v. Union of India, (1981] 1 SCR p. 206 reiterated; Ambika ·""*{
·C Prasad Mishra v. State of U.P., (1980] 3 SCR p. 1159, followed.
Per Krishna Iyer-, 1:- (Contra)
Applying the principle of stare decisis. Article 3 lA is valid. In constitu-
_tional issues over stress on precedents is inept. Even so, great respect and bind-
ing value are the no1mal claim of rulings until reversed by larger Benches.
(51 C-D]
D Ambika Prasad MislITa v. State of U.P., [1980] 3 SCR p. 1159 reiterated.

ORIGINAL JURISDICTION : Writ Petition Nos. 656-660, 512-533
and 503-511 of 1977.
(Under Article 32 of the Constitution)
AND
Review Petitions Nos. 34, 62-65, 66-72, 73-74, 75-77, 78-81, 82,
83-84, 85, 86-87, 88, 89-90, 91-92, 93-94, 95, 95A, 96, 103-107,
110, 120, 121, 122-130 of 1977.
AND
Writ Petition No. 63 of 1977. (Under Article 32 of the Consti-
tution).
M. N. Phadke, N. M. Ghatate (Dr.), S. N. Bapat a11d S. V.
Deshpande for the Petitioners in RPs. 34, 62-95, 95A. 96, 103-107,
120-123 & WPs. 656-660, 503-511/77.
'111· S. Gupta for the Petitioners in RPs. 110, 122-130/77.
·G S. N. Kherdikar, M. N. Ingle, A. G. Ratnaparkhi and C. K.
Ratnaparkhi for the Petitioners in WPs. 512-533/77.
S. V. Gupte, Att. Genl. K. H. Bhatt, R. N. Sac~they and Miss A.
Subhashini for R 1 in WPs. 503-511, 512-533, 656-660 & RPs. 34,
62-65/77.
H S. V. Gupte, Att. Genl. C. J. Sawant, M. C. Bhandare, M. B. Bor &
M. N. Shroff for R. 2 in WPs. 503-533 and for RR. 2 & 3 in WPs.
656-660/77.
WAMAN RAO V. UNION 9

S. V. Gupte, Att. Gen. and Miss A. Subhashiniri.or the Att. Genl. A
R. K. Rastogi, J. S. Rastogi and Bardridas Sharma for the State of
Rajasthan in WP No. 656/77. ·
G. N. D.ikshit and M. V. Goswami for the State of U.P.
Altaf Ahmed for the State of Jammu & Kashmir in WPs. 533 &
M~~ B
FOR THE ADVOCATES GENERAL :
U. P. Smgh and Shambhunath Iha (State of Bihar).
M. M. Abdul Khader and K. R. Nambiar (State of Kerala)·.
B. M. Patnaik and R. K. Mehta (State of Orissa). c
K. M. K. Nair and N. Nettar (State of Karnataka).
K. M. K. Nair and N. Nettar (State of Tamil Nadu).
FOR THE JNTERVENERS:
V. N Ganpu/e for Pratap Rao in W.P. 503. D
R. K. Garg for Shyam Narain Tiwari in RP 34/77 & WP 512/
77.
R. N. Bannerjee, J. S. Sinha and J.B.D. & Co. for Panch Valley
Coal Co. and Shri Bimal Poddar in WP. 512/77.
G. L. Snnghi, Miss Bhubnesh Kumari, K. J. John and J. B. D. & E
Co. for the Appellant Intervener Lt. Col. Himmat Singh & Ors.
S. B. Wad for the Applicant/Intervener in WPs. 342 & 343 of 77
and RP. 63/77.
The following Order was delivered on 9th May, 1980.
F
(1) The Constitution (First Amendment) Act, 1951 which intro-
duced Article 3 lA into the Constitution with retrospective effect, and
section 3 of the Constitution (Fourth Amendment) Act, 1955 which
substituted a new clause (1), sub-clauses (a) to ( e), for the original
clause ( 1) with retrospective effect, do not damage any of the basic
or essential features of the Constitution or its basic structure and are G
valid and constitutional, being within the constituent power of the
Parliament.
(2) Section 5 of the Constitution (First Amendment) Act 1951
introduced Article 31 B into the Constitution which reads thus :
"3 lB. Without prejudice to the generality of the provi- H
sions contained in article 3 lA, none of the Acts and Regula-
tions specified in the Ninth Schedule nor any df the provi-
10 SUPREME COURT REPORTS [1981] 2 S.C.R.

A sions thereof •all be deemed to be void, or ever to have
become void, on the ground that such Act, Regulation or
provision is inconsistent with, or takes away or abridges any
of the rights conferred by, auy provisions of this Part, and
notwithstanding any judgment, decree or order of any court
or tribunal to the contrary, each of the said Acts and Re-
B gulations shall, subject to the power of any competent Legis-
lature to repeal or amend it, continue in force."
In Kesavananda Bharati (1973, Suppl. SCR 1) decided on April 24,
1973 it was held by the majority th.at Parliament has no power to
amend the Constitution so as to damage or destroy its basic or essen-
c tial features or its basic structure. We hold that all amendments to the
Constitution which were made before April 24, 1973 and by which the
9th Schedule to the Constitution was amended from time to time by
the inclusion of various Acts and Regulations therein, are valid and
constitutional. Amendments to the Constitution made on or after
April 24, 1973 by which the 9th Schedule to the Constitution was
D amended from time to time by the inclusion of various Acts and Regu-
lations therein, are open to challenge on the ground that they, or any
one or more of them, are beyond the constituent power of the Parlia-
ment since they damage the basic or essential features of the Constitu-
tion or its basic structure. We do not pronounce upon the validity of
such subsequent constitutional amendments except to say that if any
E Act or Regulation included in the 9th Schedule by a constitutional
amendment made after April 24, 1973 is saved by Article 3 lA, or by
Article 31C as it stood prior to its amendment by the 42nd Amend-
ment, the challenge to the validity of the relevant Constitutional
Amendment by which that Act or Regulation is put in the 9th Sche-
dule, on the ground that the Amendment damages or destroys a basic
F or essential feature of the Constitution or its basic structure as reflected
~I
in Articles 14, 19 or 31, will become otiose.

••
(3) Article 31C of the Constitution, as it stood pridr to its amend-
ment by section 4 of the Constitution ( 42nd Amendment) Act, 1976,
(
is valid to the extent to which its constitutionality was upheld in
G Kesavananda Bharati. Article 31C, as it stood prior to the Constitu-
tion ( 42 Amendment) Act does not damage any of the basic or essen-
tial features of the Constitution or its basic structure.
l4) All the Writ Petitions and Review Petitions relating to the
validity of the Maharashtra Agricultural Lands· Ceiling Acts are dis-
H missed with costs. The stay orders granted in these matters will stand
vacated. We quantify the costs at Rs. five thousand which will be
borne equally by the petitioners in Writ Petitions Nos. 656-660 of
WAMAN RAO v. UNION (Chandrachud, C.J.) II
I
1977; 512-533 of 1977; and 503 to 511 of 1977. The costs will be A
payable to the Union of India and the State of Maharashtra in equal
measure.
(5) Writ Petition No. 63 of 1977 (Baburao Samant vs. Union of
Jndia) will be set down for hearing.
B
( 6) Reasons for this Order will follow later.

I The following Jndgments were delivered :

CHANDRACHUD, C.J. A ceiling on agricultural holdings was im-
posed in Maharashtra by the Maharashtra Agricultural Lands (Ceil- c
ing on Holdings) Act, 27 o~ 1961, which was bi:ought into operation
on January 26, 1962. The ceiling fixed by that Act (the Principal
Act), was lowered and certain other amendments were made to that
Act by Acts 21 of 1975, 47 of 1975 and 2 of 1976. The validity of
1hese Acts w~s challenged in the Bombay High Court in a large group
of over 2660 petitions. A Division Bench of the High Court silting at D
),
Nagpur repelled that challenge by a judgment dated August 13, 1976,
1n Vithalrao Udhaorao Uttanvar v. State of Maharashtra('). The
High Court held that the provisions of the aforesaid Acts were not open
to challenge on the ground that they were inconsistent with or took
away or abridged any of the rights conferred by Part III of the Consti-
tution, since those Acts were placed in the Ninth Schedule by the Con- E
stitution 17th Amendment Act, 1964, and the Constitution 40th
Amendment Act, 1976, and also because of the promulgation of
Emergency as a result of which, the rights under Articles 14 and 19 of
1he Constitution could not be enforced. The High Court also repelled
the challenge to the validity of Article 3 lB itself by holding that far
from damaging the basic structure of the Constitution, the Constitution F
(First Amendment) Act, 1951, which introduced Article 31B into the
Constitution, fortified that structure by subserving a fundamental con-
~titutional purpose. Certain provisions of the Principal Act and of the
Amending Acts, particularly the concept of 'family unit' were chal-
lenged before the High Court on the ground, inter alia, that they were
~.
G
• outside the purview of Article 3 lA On an overall consideration of

..
. '
the movement of agrarian reforms, with particular reference to the
relevant statistics in regard to Maharashtra, the High Court rejected
that challeng.e too on the ground that those provisions formed a part
of an integral scheme of agrarian reforms under which large agricultu-
't H
{I) ATR' 1977 llombay 99.

I
2-1281 SCl/80
12 SUPREME COURT REPORTS [1981] 2 S.C.R.
\
A ral holdings had to be reduced and the surplus land distributed
amongst the landless· and others.

The appeals filed against the decision of the Bombay High Court
were dismissed by this Court by a judgment dated January 27, 1977 in
Dattatraya Govind Mahajan v. State of Maharashtra('). The only
B point urged in those appeals was that the Principal Act, as amended,
was void being violative of the second proviso to Article 31A(l), in
so far as it created an artificial 'family unit' and fixed the ceiling on
the agricultural holdings of such family units. The argument was that
the violation of the particular proviso deprived the impugned laws of
the protection conferred by Article 31A. That argument was rejected ''"'[)
c by the Court on the view that even if the impugned provisions were
violative of the second proviso, they would receive the protection of
Article 3 lB by reason of the inclusion of the Principal Act and the
Amending Acts in the Ninth Schedule. The Court considered
whether, in fact, the provisions of the impugned Acts were violative of
the second proviso and held that it was entirely for the legislature to
D decide what policy to adopt for the purpose of restructuring the
agrarian system and the Court could not assume the role of au econo-
mic adviser for pronouncing upon the wisdom of such policy. The
second proviso to Article 31A(l) was therefore held not to have been
contravened.
E The judgment of this Court in the appeals aforesaid was delivered
on January 27, 1977 while the proclamation of emergency was in
operation. On the revocation of that proclamation, petitions were
filed in this Court by the appellants praying for the revi•"w of the
judgment in Dattatraya Govind Mahajan (Supra) on the ground that
several contentions, which were otherwise open to them for assailing
F the constitutional validity of the impugned Acts, could not be made by
reason of the emergency and that they should be permitted to make
those ·contentions since the emergency was lifted. Fresh Writ Peti-
tions were also filed in this Court in which those contentions were put
forward. TlTe Court having accepted the request for the review of the
judgment in Dattatraya Govind Mahajan, (supra) these matters have
G
coine before us for consideration of the other points involved in the
appeals.
In these proceedings, the. main challenge now is to the constitu- ) <

tionality of Articles 3 lA, 3 lB and the unamended Article 31 C of the
Constitution. The various grounds of challenge to the Principal Act
H and the Amending Acts were met on behalf of the respondents by rely-
-(1) [1977] 2 S.C.R. 790.
WAMAN RAO v. UNION (Chandrachud, C.J.) 13
I
ing on the provisions of these Articles which throw a protective doak A
around Jaws of a certain description and variety, by excluding challenge
thereto on the ground that they are violative of certain articles of the
Constitution. The reply of the appellants and the petitioners to the
defence of the respondents is, as it could oruy be, that the very provi-
sions of the Constitution on which the respondents rely for saving the
impugned laws are invalid, since these particular provisions of the B
Constitution, which were introduced by later amendments, damage or
destroy the basic structure of the Constitution within the meaning of
the ratio of the majority judgment in Keshavananda Bharati.(1)

Articles· 14, 19, 31A. 31B, 31C (as unamended) and 368, which
are relevant for our purpose, are familiar to lawyers and laymen alike, c
so great is their impact on Jaw and life. Article 14, the saviour of the
rule of Jaw, injuncts that the State shall not d•ony to any person equality
before the law or the equal protection of the Jaws within the territory
of India. Article 19 confers upon the citizens rights like the fr~edom
of speech and expression, the right to assemble peaceably, the right to
form associations, the right to move freely throughout the territory of D
India, the right to reside and settle in any part of India, and the right
to practise any profession or to carry on any trade, business or calling.
These rights make life meaningful and, without the freedoms conferred
by Article 19, the goal of the Preamble wi!J remain a dr•cam unfulfilled.
The right to property conferred by Articles 19 ( 1) ( f) and 31 was
E
deleted by the 44th Amendment with effect from June 20, 1979.
Article 31A(l) (a) provides that:
Notwithstanding anything contained in article 13, no Jaw
providing for-
( a) the acquisition by the State of any estate or of any F
rights therein or the extinguishment or modification
of any such rights, shall be deemed to be void on the
ground that it is inconsistent with, or takes away or

.. abridges any of the rights conferred liy article 14 or
article 19 .
G
Article 3 !B provides that :
Without prejudice to the generality of the provisions con-
tained in article 3 lA, none of the Acts and Regulations speci-
fied in the Ninth Schedule nor any of the provisions thereof
shall be deemed to be void, or ever to have become void, on
R
the ground that such Act, Regulation or provision is
I
(!) [1973] (Supp.) SCR I.
14 SUPREME COURT REPORTS [1981] 2 S.C.R.
.1
A inconsistent with, or takes away or abridges any of the rights
conferred by, any provisions of this Part, and notwithstanding
any judgment, decree or order of any court or tribunal to the
· contrary, each of the said Acts and Regulations shall, sub-
ject to the power of any competent Legislature to repeal or
amend it, continue in force.
B
Article 31C, as it existed prior to its amendment by the 42nd
Amendment Act, which came into force on January 3, 1977, provided
that:

Notwithstanding anything contained in article 13, no law
c giving effect to the policy of the State towards securing the
principles specified in clause (b) or clause (c) of article 39
shall be deemed to be void on the ground that it is inconsis-
tent with, or takes away or abridges any of the rights confer-
red by article 14 or article 19; and no law containing a dec-
laration that it is for giving effect to sw:h policy shall be
D called in question in any court on the ground that it does not
give effect to such policy.

Articles 31A and 31B were introduced into the constitution hy
the Constitution (First Amendment) Act, 1951, the former with re-
trospective effect from the date <If the enactment of the Constitution.
E Article 31C (unamended) was introduced by the Constitution
(Twenty-fifth Amendment) Act, with effect from April 20, 1972. The
fast clause of that article, which gave conclusiveness to the declaration
regarding the policy of the particular Act, was struck down as invalid
jn Kesavananda Bharati (supra). That part now lives an italicized
existence in official publications of the Indian Constitution. The
!F words "the principles specified in clause (b) or clause (c) of artlc:e
39·• were substituted by the words "all or any of the principles laid .), j
down in Part IV", by the 44th Amendment, with effect from June 20, I

1979. We are concerned with Article 31C as it stood originally but,
of course, without the concluding part struck down in Kesavarwnda
Blwrati (supra).

Article 368 of the Constitution reads thus:
"368. (1) Notwithstanding anything in this Constituticn,
Parliament may in exercise of its constituent power amend
by way of addition, variation or repeal any provision of this
Constitution in accordance with the procedure laid down in
this article.
(2) x x x x
'
WAMAN RAO v. UNIO,N (Chandrachud, C.l.) 15
I
(3) Nothing in article 13 shall apply to any amendment A
made under this article.

( 4) No amendment of this Constitution (including the
provisions of Part III) made or purporting to have been
made under this article (whether before or after the com-
mencement of section 55 of the Constitution (Forty-second B
Amendment Act 1976) shall be ca'lled in question in any
court on any ground.

(5) For the removal of doubts, it is hereby declared that
them shall be no limitation whatever on the constituent
~-
I ' power of Parliament to amend by way of addition, variation c
or repeal the provisions of this Constitution under this
article."

Clauses ( 4) and (5) above were inserted by section 55 of the 42nd
Amendment Act 1976 with effect from January 3, 1977. Those
D
clauses were declared unconstitutional, as being beyond the amending
1. power of the Parliament, by a very recent decision of this Court in
Minerva Mil/s,( 1 ) which was pronounced on July 31, 1980. The
judgment of the Court on the invalidity of clauses ( 4) and (5) was
'1 unanimous. Th~ question as to whether Articles 31A(l) (a), 3 lB
and the unamended Article 3 lC are valid shall have to be decided on E
the basis that clause (5) of Article 368 is ineffective to enlarge the
Parliament's amending power so as to empower it to make amend-
ments which will damage or destroy any of the basic features of the
Constitution and Clause ( 4) is ineffective to take away the power of
the courts to pronounce a constitutional amendment invalid, if it
damages or destroys any of the basic features of the Constitution. Thus, F
the main question arising before us has to be decided by applying the
.1' ratio of Kesavananda Bharati (supra), in its pristine form. It is quite
auother matter that learned counsel led by Shri M. N. Phadke ques-
.tion whether any ratio at all is discernible from the majority judg-
ments in Kesavananda (supra).
G
The first question to which we have to address ourselves is whether
in enacting Article 31 A ( 1) (a) by way of amendment of the Consti-
tution, the Parliament transgressed its power of amending the Consti-
tution. As stated earlier, Article 31A was inserted in the Constitution
by section 4 of the Constitution (First Amendment) Act, 1951 with
retrospective effect from the commencement of the Constitution. H
i
(1) [1981] 1 S.C.R. P. 206.
16 SUPREME COURT REPORTS [1981] 2 S.C.R.

A Article 31A(l), as introduced by the 1st Amendment on June 18,
l 951, read thus :
3 lA. ( 1) N otwithstauding anything in the foregoing pro-
visions of this part, no law providing for the acquisition
by the State of any estate or of any rights therein or for the
extinguishment or modification of any such rights shall be
B deemed to be void on the ground that it is inconsistent with,
or takes away or abridges any of the rights conferred by,
any provisions of this Part.
Article 31A wa~ amended, with the same degree of retrospective
effect again, by the Constitution (Fourth Amendment) Act, 1955.
c Two alterations, not substance-wise material, were made by the 4th
Amendment. The opening non-obstante clause which originally ex-
·'"'' '
tended to "anything in the foregoing provisions of this Part", that is to
say Part III, was substituted by a clause restricted. to "anything con-
tained in Article 13"'. Secondly, whereas under the Article as con-
ceived originally, the challenge to laws of agrarian reform was exclllded
D on the broader ground of their inconsistency, abrogation, or abridge-
ment of any of the rights conferred by "any provisions of" Part III, .\
under the amended article the challenge is excluded in relation to the
violation of the three specific articles, namely, Articles 14, 19 and 31.
The 4th Amendment introduced clauses {a) to {e) in Article 31A, the·
content of clause (a) being the same as that of old clause ( !) . Clauses
E (b) to (e) were added newly by the 4th Amendment, comprehend-
ing laws of four other categories like laws providing for the taking over
of the management of any property by the State for a limited period,
laws providing for amalgamation of two or more corporations, laws
providing for extingnishment or modification of rights of persons inte-
rested in corporations; and laws providing for extinguishment or modi-
F fication of rights accruing under any agreement, lease or licence relat-
ing to minerals, We are not concerned in these matters with the pro-
visions of clauses (b) to ( e), though we would like to state expressly )
and specifically that whatever is relevant on the question of the vali-
dity of clause {a) will apply with equal force to the validity or other-
wise of clauses (b) to (e).
G
By section 7 of the Constitution (Forty-fourth Amendment) Act,
1978 the reference to Article 31 was deleted from the concluding por-
tion of Article 31A(l) with effect from June 20, 1979, as a conse-
quence of the deletion, by section 2 of the 44th Amendment, of clause
(f) of Article 19(1) which gave to the citizens the right to acquire,
lI hold and dispose of property. The deletion of the right to property
from the array of fundamental rights will not deprive the petitioners o'f
the arguments which were available to them prior to the coming into
WAMAN RAO .v. UNION ( Chandrachud, C.l.) 17

force of the 44th Amendment, since the impugned Acts were passed A
before June 20, 1979 on which date Article 19(1)(f) was deleted.
There is no doubt, nor indee~ is it disputed, that the Agricultural
Lands Ceiling Acts, which are impugned in these proceedings, fall:
squarely within the terms of clause (a) of Article 31A(l). Those
.A:cts provide for the extinguishment and modification of rights in an
B
'estate', the expression 'estate' being defined by clause (2) (a) (iii) to
· mean "any land held or let for purposes of agriculture or for purposes
ancillary thereto .... ". It must follow, as a necessary corollary, that
the impugned Acts are entitled to the protection of Article 31A(l) (a)

i' when the result that their provisions cannot be deemed, and therefore
cannot be declared, to be void on the ground that they are incon-
sistent with or take away or abridge any of the rights conferred by
c
Articles 14, 19 or 31.
This is the reason why and the contest in which the validity of
Article 31A(l) (a) is itself assailed by the petitioners. If a consti-
tutional provision, which deprives the petitioners of the benefit and
protection of Articles 14, 19 and 31, is invalid, the petitioners will be D
entitled to challenge the impugned laws on the ground that they are
inconsistent with or that they take away or abridge the rights confer-
red by Part III of the Constitution. Article 13(2), bas a sensitive
touchstone. Not only does it mandate that the State shall not make
any law which takes away or abridges the rights conferred by Part
III but, it provides that any law made in contravention of the clause E
shall, to the extent of the contravention, be void. Mere abridgement,
that is to say curtailment, and not necessarily abrogation, that is to
say total deprivation, is e_nough to produce the consequence provided
for by Artide 13(2).
The validity of the constitutional amendment by which Article F
31A(l) (a) was introduced is challenged by the petitioners on the
ground that it damages the basic structure of the Constitution by
destroying one of its basic features, namely, that no law can be made
by the legislature so as to abrogate the guarantees afforded by
Articles 14, 19 and 31. It is tantologous to sayso but, if we may
so put it, the obliteration of the rights con~erred by these Articles, (;
which Article 31A(l) (a) brings about, is. total and complete because,
as the clear and unequivocal language of that Article shows, the
application of these three articles stands1 totally withdrawn in so far as
laws falling within the ambit of clause (a) are concerned. It is no
argument to say that the withdrawal of the application of certain
articles in Part III in respect of laws of a defined category is not total H
abrogation of the articles because they will continue to apply to
' <l!her situations and other laws. In any given case, what is decisive
18 SUPREME COURT REPORTS [1981] 2 S.C.R.

A is whether, in so far as the impugned law is concerned, the rights
.~
'
available to persons affected by that law under any of the articles in
Part III i~ totally or substantially withdrawn and not whether the
articles, the application of which stands withdrawn in regard to a
defined category o~ laws, continue to be on the Statute Book so as
to be available in respect of laws of other categories. We must there-
B fore conclude that the withdrawal of the application of Articles
14, 19 and 31 in respect of laws which fall under clause (a)
is total and complete, that is to say, the application of those articles I
stands abrogated, not merely abridged, in respect of the impugned
enactments which indubitably fall within the ambit of clause (a}. We
would like to add that every case in which the protection of a funda-
c mental right is withdrawn will not necessarily result in damaging or
destroying the basic structure of the Constitution. The question as
to whether the basic structure is damaged or destroyed in any given
case would depend upon which particular Article of Part III is in
issue and whether what is withdrawn is quint-essential to the basic
structure of the Constitution.
D
The judgment of this Court in Kesavananda Bharati
(supra) provoked in its wake a multi-storied controversy,
which is quite understandable. The judgment of the majority
to which seven out of the fhirteen Judg~s were parties,
struck a bridle path by holding that in the exercise of
E the power conferred by Article 368, the Parliament cannot
amend the Constitution so as to damage or destroy the basic structure
of the Constitution. The seven learned Judges chose their words and
phrases to eixpress their conclusion as effectively and eloquently as
language can do. But, at this distance of time any controversy over
F what was meant by what they said is plainly sterile. At 'this distance
of time', because though not more than a little less than eight
years have gone by since the decision in Kesavananda Bharati
(supra) was rendered, those few years are packed with constitutional
events of great magnitude. Applying the ratio of the majority judg-
ments in that epoch-making decision, this Conrt has since struck
G down constitutional amendments which would otherwise have passed
muster. For example, in Smt. Indira Gandhi v. Raj Narain(') Art.
329A(4) was held by the Court to be beyond the amending compe-
tence of the ParliaJUent siQce, by making separate and special
provisions as to elections to Parliament of the Prime Minister and
the Speaker, it destroyed the basic structure of the Constitution.
H Ray C.J. based his decision on tM ground that the 39th Amendment
by which Art. 329A was introduced violated the Rule of Law
(1) [1976] 2 SCR 347.
WAMAN RAO v. UNION (Chandrachud, C.J.) 19

(p. 418); Khanna J. based his decision on the ground that democracy A-
was a basic feature of the Constitution, that democracy contemplates
that elections should be free and fair and that the clause in question
struck at the basis of free and fair elections (pp. 467 and 471) ;
Mathew J. struck down the clause on the ground that it was in the
nature of legislation ad hominem (p. 513) and that it damaged the
democratic structure of the Constitution (p. 515); while one of B
us, Chandracbud J., held that the clause was bad because it
violated the Rule of Law and was an outright negation of the
principle of equality which is a basic feature of the Constitution
(pp. 663-665). More recently, in Minerva Mills, (supra) clauses
(4) and (5) of Article 368 itself were held unconstitutional by a
unanimous Court, on the ground that they destroyed certain basic
c
features of the Constitution like judicial review and a limited amend-
ing power, and thereby damaged its basic structure. The majority
also struck down the amendment introduced to Article 31 C by section
4 of the 42ud Amendment Act, 1976.
The period between April 24, 1973, when the judgment in
Kesavananda Bharati (supra) was delivered and now is of course a
short span in our constitutional history but the occasional challenge~
which evoked equal responses have helped sett)e the controversy
over the limitations on the Parliament's power to amend the
Constitution. Khanna J. was misunderstood to mean that fundamental
E
rights are not a part of the basic structure of the Constitution when
he said in Kesavananda Bharati (supra) :
I have no doubt that the power of amendment is plenary
and would include within itself the power to add, alter or
repeal the various articles including those relating to funda-
mental rights. (p. 688)

But he clarified the true position in his judgment in the Election Case
(supra) (pages 497---499), by drawing the attention of doubters to
a significant qualification 'which he had engrafted on the above state-
ment, at pages 688 and 758 of his judgment in Kesavananda Bharati
(supra). The qualification was that subject to the retention of th!!' G.
basic structure or framework of the Constitution, the power of amend-
ment was plenary. The law on the subject of the Parliament's power
to amend the Constitution must now be taken as well-settled, the
tnie position being that though the Parliament has the power to amend
each and every article of the Constitution including the provisions of
Part III, the amending power cannot be exercised so as to damage H'
or destroy the basic structure of the Constitution. It is by
the application of this principle that we shall have to decide upon the
20 SUPREME COURT REPORTS (1981] 2 S.C.R.

A validity of the Amendment by which Article 31A was introduced.
The precise question then for consideration is whether section 4 of
the Constitution (First Amendment) Act, 1951 which introduced
Article 31A into the Constitution damages or destroys the basic
structure of the Constitution.

B In the work-a-day civil law, it is said that the measure of th~
permissibility of an amendment of a pleading is how far it is consistent
with the original : you cannot by an amendment transform the original
into the opposite of what it is. For that purpose, a comparison is
undertaken to match the amendment with the original. Such a com-
parison can yield fruitful results even in the rarefied sphere of con- ··~

c stitutional law. What were the basic postulates of the Indian Consti-
tution when it was enacted? And does the 1st Amendment do
violence to those postulates ? Can the Constitution as originally con-
ceived and the amendment introduced by the 1st Amendment Act not
endure in harmony or are they so incongruous that to seek to harmo-
nise them will be like trying to fit a square peg into a round aperture ?
D Is the concept underlying section 4 of the 1st Amendment an alien in
the house of democracy ?-its invader and destroyer? Does it damage
or destroy the republican framework of the Constitution as originally
devised and designed ?
These questions have a historical slant and content : and history
E can furniSh a safe and certain clue to their answer. The rele-
vant part of the statement of Objects and Reasons of the
1st amendment says :
During the last fifteen months of the working of the
Constitution, certain difficulties have been brought to light by
F judicial decisions and pronouncements specially in regard to
the chapter on fundamental rights. The citizen's right to
freedom of speech and expression guaranteed by article
19 (I) (a) has been held by some courts to be so comprehen-
sive as not to render a person culpable even if he advocates
murder and other crimes of violence. In other countries
G with written constitutions, freedom of speech and of the press
is not regarded as debarring the State from punishing or
preventing abuse of this freedom. The citizen's right to prac-
tise any profession or to carry on any occupation, trade or
business conferred by article 19(1) (g) is subject to reason·
able restrictions which the laws of the State may impose "in
H the interests of the general public." While the words cited
are comprehensive enough to cover any scheme of nationali-
sation which the State may undertake, it is desirable to place
. WAMAN RAO v. UNION (Chandrachud, C.J.)

the matter beyond doubt by a clarificatory addition to article
19(6). Another article in regard to which unanticipated
difiicultics have arisen is article 31. The validity of agrarian
21

A

reform measures passed by the State Legislatures in the last
three years has, in spite of the provisions of clauses ( 4) and
(6) of article 31, formed the subject-matter of dilatory liti-
gation, as a result of which the implementation cf these B
important measures, affecting large numbers of people has
been held up.
The main objects of this Bill are, accordingly, to amend
article 19 for the purposes indicated abcve and to insert pro-
,T visiom fully securing the constitutional validity of zamindari c
abolition laws in general and certain specified Statci Acts in
particular. The opportunity has been taken to propose a
few minor amendments to other articles in order to remove
difficulties that may arise.

In Shankari Prasad v. Union of India('), Patanjali Sastri, C.J.
D
explained the reasons that led to the insertion of Articles 3 lA and
3 lB by the 1st Amendment thus :
What led to that enactment is a matter of common know-
ledge. The political party now in power, commanding as it
does a majority uf \Oles in the several State Legislatmes as
well as in Parliament, carried out certain measures of agra- E
rian reform in Bihar, Uttar Pradesh and Madhya Pradesh
by enacting legislation which may compendiously be referred
to as Zamindari Abolition Acts. Certain Zamindars, feeling
themselves aggrieved, attacked the validity· of those Acts in
Courts cf law on the ground that they contravened the funda-
menta! rights conferred on them by Part III of the Constitu- F
tion. The High Court at Patna held that the Act passed in
' Bihar was unconstitutional while the High Courts at AJlaha-
bad and Nagpur upheld the validity of the corresp@ding
legislation in Uttar Pradesh and Madhya Pradesh respectively.
Appeals from those decisions are pending in this Court. Peti-
tions filed in this Court by some other zamindars seeking the
G
determinations of the same question are also pending. At
this stage, the Union Government, with a view to put an end
to all this litigation and to remedy what they considered to be
certain defects brought to light in the working of the Cons-
titution, brought forward a Bill to amend the Constitution, H
which after undergoing am.endments in various particulars,
(1) [1952] SCR 89, 95.
A
22 SUPREME COURT REPORTS [1981] 2 S.C.R.

was passed by the requisite majority as the, Constitution
(Erst Amendment) A.ct, 1951.
.
Article 31A was further amended with retrospective effect by the
Constitution (Fourth Amendment) A.ct 1955, the object of which was
explained as follows in the Statement of Objects and Reasons of that
B Amendment :
It will be recalled that the z:unindari abolition laws
which came first in our programme of social welfare, legisla-
tion were attacked by the interests affected mainly with refe-
rence to article 14, 19 and 31, and that in order to put an
end to the dilatory and wasteful litigation and place these
c laws above challenge in the courts, articles 31A and 3!B
and the Ninth Schednle were enacted by the Constitution
(First Amendment) Act. Subsequent judicial decisions
interpreting articles 14, 19 and 31 have raised serious diffi-
culties in the way of the Union and the States putting
through other and equally important social welfare legislation
D
on the desired lines, e.g., the following : -
/
(i) While the abolition of zamindaries and the numerous
intermediaries between the State and the tiller of the
soil bas been achieved for the most part, our next
objectives in land reform are the fixing of limits to the
E extent of agricultural land that may be owned or
occupied by any person, the disposal of any land held
in excess of the prescribed maximum and the further
modification of the rights of land owners and tenants
in agricultural holdings.
F (ii) x x x x x x
(iii) x x x x x x
(iv) x x x x x x •
It is accordingly proposed in clause 3 of the Bill to
extend the scope of article 31 A so as to CO!ver these catego-
G ries of essential welfare legislation.
The Constitution (First Amendment) A.ct was moved in the Pro-
visional Parliament on May 12, 1951 as Bill No. 48 of 1951. It was
referred to a Select Committee and after the receipt of its report, it
was debated in the Parliament on various dates in May and June. It
received the Presidential assent on June 18, 1951.
H
The speeches made in the Provisional Parliament by Jawaharlal
Nehru and other national leaders who had participated in the freedom
WAMAN RAO v. UNION (Chandrachud, C.J.) 23

movement show, in a significant measure, the genesis of the 1st Amend· A
ment and its avowed purpose.

While moving that the Bill be referred to a Select Committee,
Jawaharlal Nehru said :
This Bill is not a very complicated one : nor is it a big
one. Nevertheless, I need hardly point out that it is, of intrin- B
sic and great importance. Anything dealing with•the Consti-
tution and change of it is of importance. Anything dealing
with Fundamental Rights incorporated in the Constitution is
of even greater importance. Therefore, in bringing this Bill
forwmd I do so and the Government does' so in no spirit of
Jight-l1eartedn,ess, in no haste, but after the most careful c
thought and scrutiny given to this problem.
I might inform the House that we have been thinking
about this matter for several months, consulting people, State
Governments, Ministers of Provincial Governments, consult-
. ing when occasion offered itself, a number of J\:!embers of this D
House, referring it to various Committees and the like and
taking such advice from competent legal quarters as we could
obtain, so that we have proceeded with as great care as we
could possibly give to it. We have brought it forward now
after that care, in the best form that we could give it, because
we thought that the wnendments mentioned in this Bill are E
not 011/y necessary, but desirable, and because we thought
that if these changes are not made, perhaps not only would
great difficulties arise, as they have arisen in the past few
months, but perhaps some of the main purposes of the very
Cmstituti011 may be defeated or delayed.
F
The Parliamentary Debates, Part II, Volumes XII and XIII (May
15-June 9, 1951) contain the record of the speeches made while thei
- 1st Amendment was on the anvil. We reproduce below the relevant
extracts from the speeches of the then Prime Minister, Jawaharlal
Nehru:
G
The real diJliculty which has come up before us is this.
The Constitution lays down certain Directive Principles of
State Policy and after long discussion we agreed to them and
they point out the way we have got to travel. The Consti-
tution also lays down certain Fundamental Rights. Both are
important. The Directive Principles of State Policy represent H
a dynamic move towards a certain objective. The Funda-
mental Rights represent something static, to preserve certain

.,,, ..
24 SUPREME COURT REPORTS [1981] 2 S.C.R.

A rights which exist. Both again are right. But somehow
and sometime it might so happen that that dynamic movement
and that static standstill do not quite fit into each other.
A dynamic movement towards a certain objective neces-
sarily means certain changes taking place that is the essence
B of movement. (p. 8820)
Now I shall proceed with the other article, the important
one, namely article 31. When I think of this article the
whole gamut of pictures comes up before my mind, because
this article deals with the abolition of the zamindari system,
with land laws and agrarian reform. I am not a zamindar,
c nor I am a tenant. I am an outsider. But the whole
length of my public life has been intimately connected, or
was intimately connected, with agrarian agitation in my Pro-
vince. And so these matters came up before me· repeatedly
and I became intimately associated with them. Therefore
l have a certain emotional reaction to them and awareness of
D
them which is much more than merely an intellectual appre-
ciation. If there is one thing to which we as a. party have
been committed in the past generation or so it is the agrarian
reform and the abolition of the zamindari system. (p. 8830)
Now apart from our commitment, a survey of the world
E today, a survey of Asia today will lead any intelligent person
to see that the basic and the primary problem is the land
problem today in Asia, as in India. And every day of delay
adds to the difficulties and dangers, apart from being an in-
justice in itself. (pp 8830-8831)

F .... it is patent that when you are out to remedy inequa-
lities, you do not remedy inequalities by producing further
inequalities. We do not want anyone to snffer. But, inevit-
ably, in big social changes some people have to suffer.
(p. 8831)

G How are we to meet this challenge of the times ? How
are we to answer the question : For the last ten or 20 years
you have said, we will do it. Why have you not done it ?
It is not good for us to say : We a!e helpless before fate and
the situation which we are to face at present. Therefore,
we have to think in terms of these big changes, and changes
B and the like and therefore we thought of amending article 31.
Ultimately we thonght it best to propose additional articles
31A and 31B and in addition to that there is a Schedule
WAMAN RAO v. UNION (Cha.ndrachud, C.J.) 25

attached of a number of Acts passed by State Legislatures, A
some of which have been challenged or might be challenged
and we thought it best to save them from long delays and
these difficulties, so that this process of change which has
been initiated by the State shoµld go ahead. (pp. 8831-8832)
The other day I was reading an article about India by a B
very eminent American and in that article which contained
many correct statements and some incorrect statements, the
author finished up by saying that India has, very difficult
problems to face but the mosb acute of them he said can be
put in five words and those five words were : l?nd, water,
babies, cows and capital. I think that there is a great deal c
of truth in this concise analysis of the Indian situation.
(pp. 8832--8833)
Now I come to articles 31, 31A and 3JB. May I
remind the House or such Members of the House as were
also Members of the Constituent Assembly of the long D
debates that we had on this issue. Now the whole object
of these articles in the Constitution was to take away and I
say so deliberately to take away the question of zamindari
and land reform from the purview of the courts. That is
the whole object of the Constitution and we put in some
proviso etc. in regard to article 31-. (p. 9082) E
What are we to do about it ? What is the Government
to do? If a Government has not even the power to legislate
to bring about gradually that equality, the Government fails
to do what it has been commanded to do by thi~ Constitu-
tion. That is why I said that the amendment~ I have placed F
before the House are meant to give effect to this Constitution.
I am not changing the Constitution by an iota; I am merely
making it stronger. I am merely giving effect to the real
intentions of the framers of the Constitution, and to the word-
ing of the Constitution, unless it is interpreted in a very
narrow and legalistic way. Here is a definite inlention in G
the Constitution.. This question of land reform is under
article 31(2) and this clause tries to take it away from the
purview of the courts and somehow article 14 is brought in
That kind of thing is not surely the intention of the framers
of the Constitution. Here again I may say that the Bihar .
High Court held· that view bl!t the Allahabad and Nagpur H
High Courts held a contrary view. That is true. There is
confusion and doubt. Are we to wait for this confusion and
26 SUPREME COURT REPORTS [1981] 2 S.C.R.

doubt gradually to resolve itself, while powerful agrarian
movements grow up ? May I remind the House that this
question of land reform is most intimately connf!\;ted with
food production. We talk about food production and grow-
m0re-food and if there is agrarian trouble and insecurity of
land tenure nobody knows, what is to happen. Neither the
B zamindar nor the tenant can devote his energies to food pro- '
duction because there is instability. Therefore these loud
a:guments and these repeated appeals in courts are dange-
rous to the State, from the security point of view, from the
food production point of view and from the individual point
of view, whether it is that of the zamindar or the tenant or
any intermediary. (pp 9082-9084)
(Emphasis is supplied in
the passages above)

These statements were made by the Prime Minister on the floor of
the House after what is correctly described as the most careful delibe-
D
ration and a broad-based consultation with diverse mtcrests. They
were made in order to resolve doubts, and difficulties and not with the
intemion of creating confrontation with any other arm of the Govern-
ment or with the people. They stand in a class apait and convey in
a language characterised by logic and directness, how the Constitution
E was failing of its purpose and how essential it was, in order to remove
glaring disparities, to pour meaning and content into the framework
of the Constitution for the purpose of strengthening its structure.
Looking back over the past thirty years' constitutional history of o'ur
country, we, as lawyers and Judges, must endorse the claim made in
the speeches above that if Article 31 A were not enacted, some of the
F main purposes of the Constitution would have been delayed and even-
tually defeated and that by the l st Amendment, the constitutional
edifice was not impaired but strengthened.

Conscious as we are that though extraneous aids to constitutional
. interpretation are permissible. the views of the mover of a Bill are not
G conclusive en the question of its objects and purposes, we will con-
sider for ourselves the question, independently, whether the 1st and
the 4th Amendments damage or destroy the basic structure of the
Constitution in any manner. But before doing that, we desire only
to state that these amendments, especially the 1st were made so closely
on the heels of the Constitution that they ought: indeed to be considered
H as a part and parcel of the Constitution itself. These Amendments arc
not born of second thoughts and they do not reflect a fresh look at the
Constitution in order to deprive the people of the gains of the Consti-

,,
WAMAN RAO v. UNION (Chandrachud, C.J.) 27

tution. They are, in the truest sense of the phrase, a contemporary A
practical exposition of the Constitution.
. Article 39 of the Constitution directs by clauses (b) and (c) that~
the ownership and control of the material resources of the community
are so distributed as best to subserve the commoni good, that the opera-
tion of the economic system does not result in the ·concentration of
wealth anci means of production to the co=on detriment. These
twin principles of State policy were a part of the Constitution as origi-
nally enacted and it is in order to effectuate the. purpose of these
Directive Principles that the 1st and the 4th Amendments were passed.
In his address to the Allahabad Session of the Agri-Economics Con-
ference, Dr. D. R. Gadgil put a home-truth succinctly by saying : c
"Among all resources, the supply of land is the :m'tlst
limited and the claimants for its possession are extremely
numerous. It is, therefore, obviously unjust to allow the
exploitation of any large surface of land by a sing).e individual
unless other over-whelming reasons make this highly desira-
ble. Further, in the light of !he available supplies of land, D
labour and capital, it would be undesirable to encourage
capital-intensi".e meti).od of production. Moreover, whatever
the economics of large-scale management, they should, in
the congested state of our countryside, accrue to collective or
co-operative bodies of cultivators rather than an individual
E
family. Lastly, in the context of the current. socio-political
climate, re-distribution of land would rather appear to be
imperative."
As stated in the Report of the Committee of. the Panel on Land
Reforms. (Government of India, Planning Commission, 1959), the
policy of imposition of ceiling on agricultural lands tulfils the follow· F
ing objectives : -
"(i) meeting the wide-spread desire to possess land;
(ii) reducing glaring inequalities in ownership and use of
land;
(iii) reducing inequalities in agricultural incomes, and G
(iv) enlarging the sphere of self-employment." •

The Report of the Working Group on Land Reforms, 1978 (Minis-
try of Agriculture and Irrigation, Department of Agriculture) says that
it was widely recognised that the imposition of ceiling on agricultural
holdings and tenancy reforms constituted the snbstance of the agrarian H
reform movement and that, concentration of land in the hands of a
I
3-l28lSCI/80
28 SUPREME COURT REPORTS (1981] 2 S.CR.

A small group inhibits production, encourag,,s mcealed m irregular
tenancies and 1esults in unequal accesses to "- :ilities of production in
the rural sector. In any economy with a preponderant agricultural
sector, overall growth of the economy is largely determined by growth
in agricultural production and elimination of constraints on production
has to be a major national priority. Studies in certain developing
.B countries have established that the productivity of smaller holdings can
conceivably be higiier than that of larger holdings, primarily because
the intensity of farn1ing operations varies inversely with the size of the
holding. The Report of the Working Group says in paragraph 2.1
that whe\her or not this is true in aJ! sitnations, the production system
that denies opportunities of gainful employment to large nmnbers of
c
workers and leads to pronounced distortions in the distribution of
economic disadvantages, needs imperative over-hauling. In paragraph
2.2, the Report proceeds to say that in a predominantly agricitltural
society, there is a strong linkage between ownership of land and the
person's status in the social system. Those without land mffer not
D only from an economic disadvantage, but a concomitant social dis
advantage has also to be suffered by them. In the very nature of things,
it is not pC'osiblc to provide land to all landless persons but that can
not furnish an alibi for not undertaking at all a programme for the
redistribution of agricultural land. Agrarian reform thecefore requires,
inter alia, the reduction of the larger holdings and distribution of the
excess land according to social and econon1ic considerations.

These then are the objectives of the Constitution and these the
reasons that formed the motive force of the 1st Amendment Article
31A (1) could easily have appeared in the original Constitution itself.
as an illustration of its basic philosophy. What remained to be done
F
in the hoj)e that vested interests will not distort the base of the Consti·
tution, had to be undertaken with a sense of urgency and expediency.
It is that sense and sensitivity which gave birth to the jmpugned amend
ment. The progress in the degeneracy of any nation can be rapid,
especially in societies riven by economic disparities and caste barriers.
G We embarked upon a constitutional era holding forth the promise that
we will secure to all citizens justice, social, economic and political,
equality of status and of opportunity; and, last but n')t the least, dignity
of the individual. Between these promises and the 1st Amendment
there is discernible a nexus, direct and immediate. Indeed, if there is
one place in an agriculture-dominated society like ours where citizens
H can hope to have equal justice, it is on the strip of land which they
till and love, the land which assures to them and digtrlty of their person
by providing to them a near decent means of livelihood.
WAMAN RAO v. UNION (Chandrachud, C.J.) 29

The First Amendment has thus made the constitutional ideal of A.
equal justice a living truth. It is like a mirror tha,t reflects the ideals
of the Constitution; it is not the destroyer of its basic structure. The
provisions introduced by it and the 4th· Amendment for the extinguish-
ment or modification of rights in lands held or let for purposes of
' agriculture or for purposes ancillary thereto, strengthen rather than
weaken th~ basic structure of the Constitution. B

The First Amendment is aimed at removing social and economic
disparities in the agricultural sector. It may happen that while exist-
ing inequalities arc being removed, new inequalities may arise margi-
nally and incidentally. Such marginal and incidental inequ.1.litics can- C
not damage or destroy the basic structure of the Constitution. It is
impossible for any Government, howsoever expertly advised, socially
oriented and prudently managed, to remove every economic disparity
without causing some hardship or injustice to a class of persons who
also are entitled to equai treatment under tlie law. Thus, the :>dop-
tion of 'family unit' as the unit of application for tlie revised ceilings D
f may canse incidental hardship to minor children and to unmruried
daughters. That cannot, in o'ur opinion, furnish an argument for
I aiSailing the impugned laws on tlie ground that they violate the guaran-
r tee of equality. It seems to us ironical indeed t)lat the laws providing
for agricultural ceilings should be stigmatised as destroying the
guarantee of equality when their true object and intendment is to E
remove inequalities in the matter of agricultural holdings.

The Note of the Panel set up by the Planning Commission in May
1959 on the adoption of 'family unit' as the unit of application for the
revised ceilings and the counter affidavit of Sbri J. G. Karandikar,
Deputy Secretary to the Government of Maharashtra show the rele- F
vance and efficacy of the family being treated as the real operative unit
in the movement for agrarian reform. Considering the Indian social
milieu, the Panel came to the conclusion that agricultura! ceiling can
be most equitably applied if the base of application is taken as the
family unit ccnsisting of husband, wife and three minor children. In
view of this expert data, weJ are unable to appreciate how any law G
passed truly for implementing the objective of Article 3lA(1 ){a) can
be open to challenge on the ground that it infringes Articles 14, 19 or
31.

For these reasn:s, we are of the view that the Amend:nent intro-
duced by section 4 of tlie Constitution (First Amendment) Act, 1951 R
does not damage or destroy the basic structure of the Constitution.
That Amendment must, therefore, be upheld on its own merits.

/
30 SUPREME COURT REPORTS [1981] 2 S.C.R.

A This makes it unnecessary to consider whether Article 31A can
be upheld by applying the rule of stare decisis. We have, however,
heard long and studied arguments on that qnestion also, in deference
to which we must consider "the alternate submission as to whether the
doctrine of stare decisis can save Article 3 lA, if it is otherwise .viola-
tive of the basic structure of the Constitution. In Shankari Prasad v.
B Union of India (supra) the validity of the 1st Amendment which
introduced Articles 3 lA & 3 lB was assailed on six grounds, the fi!th ·
being that Article 13 (2) takes in not only ordinary laws but constitu-
tional amendments also. This argument was rejected and the 1st
Amendment was npheld. In Sajjansingh v. State of Rajasthan(I), the
refused to reconsider the decision in Sha.nkari Prasad (supra),
c Court
with the result th:;t the validity of the 1st Amendment remained un-
shaken. In Golaknath('), it was held by a majority of 6 : 5 that the
power to amend the Constitution was not located in Article 368. The
inevitable result of this holding should have been the striking down of
all constilu'ionr,J amendments since, according to th"' view of the majo-
D rity, Parliament had no power to amend the Constitution in pursuance
of Art\cle. 368. Bcit the Court resorted to th" doctrine of proopective
·overruling and hdd that the constitutional amendment~ which were
already made would be left undisturbed and that its decision will
govern the future amendments only. As a result, the I st Amendment
by which Articles 31A and 31B were introduced remained inviolate.
E It is trite knowledge that Golaknath(') was overruled in Kesavananda
Bharati (supra) in which it was held unanimoosly that the power to
amend the Constitution was to be found in Article 368 of the Constitu-
tion. The petitioners produced before us a copy of the Civil Misc.
Petition which was filed in Kesavananda Bharati, (supra) by which the
reliefs originally asked for were modified. It appears thereform that
F what was challenged in that case was the 24th, 25th and the 29th
Amendments to the Constitution. The validity of the 1st Amendment
was not questioned Khanna J., however, held-while dealing with the
· ,aJidity of the unamended Art\cle 3 IC that the validity of Article 31A
was upheld in Slwnl:ari Prasad, (supra) that its validity could not be
G any longer questioned because of the principle of starg decisis and that
the ground on which the validity of Article 3 lA was sustained will be
available equally for ~mstaining the validity of the first part of Articie
3JC (page 744).
Thus, the constitutional validity <Jlf Article 3 lA bas been recognised
in these four decisions, sometimes directly, sometimes indirectly and
H sometimes incidentally. We may mention in passing, though it has
(1) [1965] 1 SCR 933. '-. .
(2) [1967] 2 SCR 762. ..,
I
WAMAN RAO v. UNION (Chandrachud, C.J.) 31

no relev[\11ce on the applicability of the rule of stare decisic·, that in A
none of the three eatlier. decisions was the validity of Article 3 lA
tested on the ground that it damaged or destroyed the basic structure
of the Constituticn. That theory was elaborated. for the fir.<l time in
Kesavananda Bharati (supra) and it was in .the · majority jndgment
delivered i;; that case that the doctrine found its fim acceptance.
B
Though Article 3lA has thus continued to be recognised as valid
ever since it was introduced into the Constitution, we find i~. somewhat
difficult to apply the doctrine of stare decisis for upholding that Article.

Jn Ambika Prasad Mishra v. State of U.P.(') this very Bench de-
livered its judgment on May 9, 1980 rejecting the challenge to the c
validity of the 'Uttar Pradesh Imposition of Ceiling on Land Holdings
Act, 1960'. But, the question as to whether Article 31A can be up~
held by applying the doctrine of stare decisis was 'hot decided in that
case. In fact, the broad consensus among the members of the Court
that the question of vires of Articl~s 31A, 31B & 31C (unamended)
D
will be decided in the other cases, is reflected in the following obser-
vation specifically made by one of us, Brother Krishna Iyer, J., who
spoke for a unanimous Court : '

"In this judgment, we side-step the bigger issue of the
vires of the Constitutional amendments iu Articles 31A, 31B
E
and 31C as they are dealt with in other cases disposed of
recently". (p. 721). •

Since the question of vires of these three articles was not dealt with
by Brother Krishna Iyer in bis judgment on behalf of the Court, we
are, as previously arranged amongst us, dealing with that question in F
this judgment. At page 722 of the report (paragraph 5), Brother
~ Krishna Iyer has reaffirmed this position in these words :
"Thus we get the statutory perspective of agrarian re-
form and so, the constitutionality of the Act has lo be tested
on the touchstone of Article 31-A which is the relevant prd-
tective armou~ for land reform Javis. Even here, we must G
state that while we do refer to the range of constitutional
immunity Article 31A confers on agrarian reform measures
we do not rest our decision on that provision. Indepen-
dently of Article 31-A, the impugned legislation can with-
stand constitutional invasion ab<l so the further challenge to
H
Article 31-A itself is of no consequence".

(I) [1980] 3SCR1159.
32 SUPREME COURT REPORTS (1981] 2 S.C.R.

A Krishna Iyer J. has observed in the same paragraph that
"The extreme argument that Article 31-A itself is void
as violative of the basic structure of the Constitution has
been negatived by my learned Brother, Bhagwati J., -in a
kindred group of 'cases of Andhra Pradesh".
B the citation of that group of cases being Thumati Venkaiah v. State
of A .P. ( 1). But, in that judgment too, one of us, Brother Bhagwati,
who spoke for the unanimous Court, did not refer to the vires of
Articles 31A, 31B and 31C. It will thus be clear that neither the
one or the other of us, that is to say neither Brother Bhagwati nor -~.
Brother Krishna Iyer, dealt with the question of vires of Articles 31A,
c 3 lB and 31 C which we are doing by this judgment. It has become j
necessary to make this clarification in view of an observation by
Brother Krishna Iyer in the very same paragraph 5 of the aforesaid
judgment in Ambika Prasad Mishra that the decision in Kesavananda
Bharati (Supra) on the validity of Article 31A, "binds, on the ~imple
D score of stare decisis . ... " Brother Krishna Iyer clarified the posi-
tion once again by a further caveat in the same paragraph to this
effect :
" ...... as stated earlier, we do not base the conclusion on
Article 31A".
E The doctrine of stare decisis is the basis of common law. It ori-
ginated in England and was used in t)le colonies as the basis of their
judicial decisions. According to Dias('), the genesis of the rule may
be sought in factors peculiar to English legal history, amongst which
may be singled out the absence of a Code. The Normans forbore to
impose an alien code on a halfconquered realm, but sought instead to
F win as much wide-spread confidence as possible in their administra-
tion of law, by the application of near uniform rules. .The oldec the
decision, the greater its authority and the more truly was it accepted ->·
as stating the correct law. As the gulf of time widened, says Dias,
Judges became increasingly reluctant to challenge old decisions. The
learned author cites the example of Bracton and Coke who always
G preferred older authorities. In fact, Bracton had compiled a Note-
book of some two thousand cases as material for his treatise and em-
ployed some five hundred of them.
The principle of stare decisis is also firmly rooted in American
Jurisprudence. It is regarded as a rule of policy which promotes pre-
H dictability, certainty, uniformity and stability. The legal system, it is
(1) [1980] 3 S.C.R. 1143.
(2) 'Jurisprudence' by R.W.M. Dias, 4th Ed. (1976) p. 166.
WAMAN RAO v. UNION ( Chandrachud, C.J.) 33

said, should furnish a clear guide for conduct so that people may plan A
their affairs with assurance against surprise. It is important to fur-
ther fair and expeditious adjudication by eliminating the need to reliti-
gate every proposition in every case('). When the weight of the volume
of the decisions on a point of general public .importance is heavy
! enough, courts are inclined to abide by the rule of stare decisis, leav-
ing it to the legislature to change long-standing precedents if it so B
thinks it expedient or necessary. In Burnet v. Coronado Oil & Gas
Co.('), Justice Brandeis stated that 'stare decisis is usually the wise
policy, because in most matters it is more important that the applicable
. J,-- rule of law be settled than it be settled right' .
1
While dealing with the subject of stare decisis, Shri H. M. Seervai c
in his book ou 'Constitutional Law of India('), has pointed out how
important it is for judges to conform to a certain measure of discipline
so that decisions of old standing are not overruled for the reason
merely that another view of the matter_ could also be taken. The
learned author has cited an Australian case in which it was said that
D
though the court has the power to reconsider its own decisions, that
should not be done upon a mere suggestion that some or all of the
members of the later court may arrive at a different conclusion if the
malt>r were res integra( 4 ). The learned author then refe~.s to two
cases of our Supreme Court in which the importance of adherence to
precedents was stressed. Jagannadhadas J. said in the Bengal Immu- E
nity Case(•) that the finality of the decisions of the Supreme Court,
which is the Court Of last resort, will be greatly weakened and much
mischief done ·if we treat our own judgments, even though recent, as
open to reconsideration. B. P. Sinha J. said in the same case that if
the Supreme Court were to review its own previous decisions simply
on the ground that another view was possible, the litigant public may F
be encouraged to think that it is always worthwhile taking a chance
with the highest Court of the land. In I.T.O. Tuticorin v. T.S.D.
Nadar( 6 ), Hegde J. said in his dissenting Judgment that the Supreme
Court should not ovemtle its decisions except under compelling cil'-
Cllmstances. It is only when the Court is fully convinced that publitl
interest of a substantial character would be jeopardised by a. previous G

(I) See Introduction to Law and the Legal System, by Harold J. Griliiot, 2nd
Ed. (1979), p. 132.
(2) 285 u. s. 393, 406.
(3) 2nd Edition [19751, Vol. I, pages 59--61.
(4) The Tramways Case (No. l)-[1914] 18 C.L.R. 54, per Griffith C. J.
·~m e
(5) [1955] 2 SCR 603.
(6) AIR 1968 SC 623.
34 SUPREME COURT REPORTS [1981] 2 S.C.R.

A decision, that the ·court should overrule that decision. Reconsidera-
tion of the earlier decisions, according to the learned Judge, should
be confined to questions of great public importance. Legal problems
should not be treated as mere subjects for mental exercise. An
earlier decision may therefore be overruled only if the Court comes to
the conclusion that it is manifestly wrong, not upon a mere suggestion •
B that if the matter were res integra, the members of the later court may
arrive at a different conclusion.
These decisions and texts are of high authority and cannot be
overlooked. In fact, these decisions are themselves precedents on the
binding nature of precedents.
c
It is also true to say that for the application of the rule of stare
dccisis, it is not necessary that the earlier decision or decisions of long
standing should have considered and either accepted or rejected the
particular argument which is advanced in the case on hand. Were it
so, the previous decisions could more easily be treated as binding by
D applying the law of precedent and it will be unnecessary to take resort
to the principle of stare decisis. It is, therefore, sufficient for .invok-
ing the rule of stwe decisis that a certain decision was arrived at on
a question which arose or was argued, no matter on what reason the
decision rests or what is the basis of the decision. In other words,
for the purpose of applying the rule of stare decisis, it is unnecessary
E to enquire or determine as to wha~ was the rationale of the earlier
decision which is said to operate as stare decisis. Therefore, the rea-
son why Article 3 lA was upheld in the earlier decisions, if indeed it
· was, are not germane for the purpose of deciding whether this is a fit
and proper case ih which to apply that rule.
F But, there are four principal reasons why we are not disposed to
invoke the rule of stare decisis for deciding upon the constitutionality
of Article 31A. In the first place, Article 31A breathes its own vita- ~
/ lity, drawing its sustenance from the basic tenets of our Constitution.
Its unstated premise is an integral part of the very making of the Con-
stitution and it holds, as it were, a mirror to the ideals which inSplred
G the framing of the Constitution.
The second reason why we do not want to resort to the principle
of stare decisis while determining the validity of Article 31A is that
neither in Shankari Prasad(Supra) nor in Sajjall Singh(Supra), nor in
Golak Nath(Supra) and evtidently not in Kesavananda Bharati(Supra)
H was the question as regards the validity as such of Article 3 lA raised
or decided. As .stated earlier, Shankari Prasad(Supra) involved the
larger question as to whether constitutional amendments fall within
WAMAN RAO v. UNION (Chandrachud, C.J.) 35

the purview of Article 13(2) of the Constitution. It was held that A
.iiey did not. In Sajjan Singh(Supra), the demand for reconsidera-
tion of the decision iu Shankari Prasad(Supra) was reject¢, that is to
say, the Court was not inclined to consider once again whether ·con-
stitutional amendments are also coIUprehended within the terms of
Article 13(2). Golak Nath (Supra) raised the question as to where
the amending power was located and not whether this or that parti- B
cular amendment was valid. In none of these decisions was the vali-
dity of Article 31A put in issue. Nor indeed was that question con-
sidered and decided in any of those cases. A deliberate judicial de-
cision made after hearing an argument on a question which arises in
the case or is put in issue may constitute a precedent, and tlle prece-
dent by long recognition may mature into st(Jre decisis. But these
c
cases cannot be considered as having decided, reasons apart, that the
1st Amendment which i.ntroduced Article 31A into the Constitution is
valid.
Thirdly, the history of the World's constitutional law shows that
the principle of stare decisis is treated as having a limited application D
only. Justice William Douglas said in New York v. United States(')
that it is a wise policy to restrict the principle of stare decisis to those
areas of the law where correction can be had by legislation. Other-
wise, tke constitution loses the flexibility which is necessary if it is to
serve the needs of successive generations. It is for that reason again
that Justice Frankfurter said in U.S. v. International Boxing Club( 2 ) E
that the doctrine of stare decisis is not 'an imprisonment of reason'.
Older the standing of a d_ecision, greater the provocation to apply the
rule of stare decisis. A possible mischief arising out of this posifion
was pointed out by Justice Benjamin Cardozo in MacPherson v. Buick
Motor Co.(') by saying that precedents drawn·from the days of travel
by stage-coach do not fit the conditio~~ of travel today. And alive to F
. that possibility, Justice Brandeis said in State ot Washington v. W; C.
Dawson & Co.(4) that stare decisis is merely a wise rule of actiOJ! and
is not a universal, inexorable command. "Th~ instances in which the
court has disregarded its admonition ·are many". In fact, the full form
of the principle, " stare decisis et non quieta movere" which means "to
G
stand by decisions and not to disturb what is settled", was put by Coke
in its classic English version as : "Those things which have been so
often adjudged ought to rest in peace". Such being the justification of

-
the rule, it was said inJ.Emes Monroe v. Frank Pape(5) that the rele-
(1) 326 U.S. 572, 590-5~1946].
(2) 348 U.S. 236, 249 [1955].
(3) 217 N. Y. 382, 391 [1916].
B
(4) 264 U.S. 219, 238 [1924].
(5) 5 L. Ed. 2nd l!· s-. 492, 523, 528.

................ .-~~
36 SUPREME COURT REPORTS (1981) 2 S.C.R.

A vant demands of stare decisis do not preclud" .1sideration of an inter
pretation which started as an unexamineu assumption. We have
already pointed out how the constitutional validity of Article 3 lA has
to be deemed to have been upheld in Shankari Prasad (supra) by a
process of inferential reasoning, the real question therein being whether
the expression 'law' in Article 13(2) includes law made in the exercise
B of constituent power.

The fourth reason is the one cited by Shri Tarkunde that on prin
ciple, rules like stare decisis should not be invoked for upholding con
stitutional devices like Articles 31A, 31B and 31C which are designed
c to protect not only past laws but future laws also. Supposing Article
3 !A were invalid on the ground that it violates the Constitution's basic
structure, the fact that its validiy has been recognised for a long time
cannot justify its protection being extended to future laws or to laws
which have been recently passed by the legislature. The principle of
stare decisis can apply, if at all, to laws protected by.these articles, if
D those laws have enjoyed the protection of these articles for a long time,
but the principle cannot apply to the articles themselves. The princi
ple of stare decisis permits the saving of laws the validity of which has
been accepted or recognised over the years. It does ndt require or
sanction that, in furture too, laws may be passed even though they are
invalid or unconstitutional. l':uture_p.erpe1rati.ofl of illegality, is no part
E oI the doctrine of stare <J.ecisis.
. . ··· · --··

Our disinclination to invoke the rule of stare decisis for saving
Aiticle 3 IA does not really matter because we have upheld the consti·
tutional validity of that Article independently on its own merits.
F

Coming to the validity of Article 3 !B, that article also contains a
device for saving laws from challenge on the ground of violation of
fundamental rights. Putting it briefly, Article 3 !B provides that the
Acts and Regulations specified in the Ninth Schedule shall not be
G deemed to be void or ever to' have become void on the ground that they
are inconsistent with or take away or abridge any of the rights confer
red by Part III of the Constitution. The provisions of the article are
expressed to he withont prejudice to the generality of the pro'visions in
Article 31A and the concluding portion of the article supersedes any
judgment, decree or order of any court or tribunal to the contrar1.
H This article was introduced into the Constitution by section 5 of the
Constitution (First Amendment) Act 1951, Article 31A having been
introduced by section 4 of the same Amendment.
WAMAN RAO v. UNION (Chandrachud, C.J.) 37

Article 3 lB has to be read along with the Ninth Schedule because A
it is only those Acts and Regulations which are put in that Schedule
that can receive the protection of that article. The Ninth Schedule
was added to the Constitution by section 14 of the 1st Amendment
Act, 1951. The device or mechanism which sections 5 and 14 of the .
1st Amendment have adopted is that as and when Acts and Regula-
trons are pnt into the Ninth Schedule by Constitutional amendments B
made from time to time, they will automatically, by reason of the pro-
visions of Article _3 lB, received the protection of that article. Items 1
to 13 of the Ninth Schedule were put into that Schedule when the 1st
Amendment was enacted on June 18, 1951. These items are typical
instances of agrarian reform legislations. They relate mostly to the
abolition of various tenures like Maleki, Taluqdari, Mehwassi, Khoti,
c
Paragana and Knlkami Watans and of Zamindaris and Jagirs. The
place of pride in the Schedule ios occupied by the Bihar Land Reforms
Act, 1950, which is item no. 1 and which led to the enactment of
Article 31A and to some extent of Article 31B. The Bombay Tenancy
and Agricultural Lands Act, 1948 appears as item 2 in the Ninlh D
Schedule. Items 14 to 20 were added by the 4th Amendment Act
of 1955, items 21 to 64 by the 17th Amendment Act 1964, items 65
and 66 by the 29th Amendment Act of 1972, items 67 to 86 by the
34th Amendment Act 1974, items 88 to 124 by the 39th Amendment
Act 1975 and items 125 to 188 by the 40th Amendment Act 1976.
The Ninth Schedule is gradually becoming densely populated and it E
would appear that some planning is imperative. But that is another
matter. We may only remind that Jawaharlal Nehru had assured the
P!lrliament while speaking on the 1st Amendment that there was no
desire to add to the 13 items which were being incorporated in the
Ninth Schedule simultaneously wi1h the 1st Amendment and that it
was intended that the Schedule should not incorporate Jaws of any F
other description than those which fell within items 1 to 13. Even
the small list of 13 items was described by the Prime Minister a~ a
'long schedule'. ·
..
While dealmg with the validity of Article 31A we have expressed
the view that it would not be proper to invoke the doctrine of stare G _
decisis for upholding the validity of that article. Though ·the same
considerations must govern the question of the validity of Article 31B,
we would like to point out that just as there are significant similarities
between Articles 31A and 31B, there is a significant dissimilarity too.
Article 31A enables the passing of laws of the description mentioned
in clauses (a) to ( e) , in violation of the guarantees afforded by Artkle H
14 and 19. The Parliament is not required, in the exercise of its cons-
tituent power or otherwise, to undertake ail examination of the law8

I
38 SUPREME COURT REPORTS [1981] 2 S.C.R.

A which are to receive the protection of Article 31A. In other words,
when a competent legislature passes a law within the purview of
clauses (a) to (e), it automatically receives the protection of Article '
3 lA, with the result that the law cannot be challenged on the ground
of its violation of Articles 14 and 19. In so far as Article 31B is
concerned, it does not define the category of laws which are to receive
B its protection, and secondly, going a little further than Article 3lA,
it affords protection to Schedule-laws ~gainst all the provisions of
Part III of the Constitution. No act can be placed in the Ninth Sche-
dule except by the Parliament and since the Ninth Schedule is a part
of the Constitution, no additions or alterations can be made therein
without complying with the restrictive provisions governing amend-
c ments to the Constitution. Thus, Article 31B read with the Ninth
Schedule provides what is generally described as, a protective umbrella
to all Acts which are included in the schedule, no mat(er of what cha-
racter, kind or category they may be. Putting it briefly, whereas
Article 31A protects laws of a defined category, Article 31B empowers
D the Parliament to include in the Ninth Schedule such laws as it consi-
ders fit and proper to include therein. The 39th Amendment which
was ·passed on August 10, 1975 undertook an incredibly massive pro-
gramme to include items 87 to 124 while the 40th Amendment, 1976
added items 125 to 188 to the Ninth Schedule in one stroke.

E The necessity for pointing out this distinction between Articles
31A and 31B is the difficulty which may apparently arise in the appli-
cation of the principle of stare decisis in regard to Article 3 lB read
with the Ninth schedule, since that doctrine has been held by us not
to apply to Article 3 lA. The fourth reason given by us for not apply-
ing the rule of stare decisis to Article 3lA is that any particular law
F. passed under clauses (a) to (e) can be accepted as good if it has
been treated as valid for a long number of years but the device in the
form of the Article cannot be upheld by the application of that rule. We Ji+-
propose to apply to Article 31B read with the Ninth Schedule the self-
same test.

G We propose to' draw a line, treating the decision in Kesavananda
Bharati (supra) as the landmark. Several Acts were put in the Ninth
schedule prior to that decision on the supposition that the power of the
Parliament to amend the Constitution was wide and untrammelled. The
theory that the parliament cannot exercise its amending power so as to
damage o'i destroy the basic structure of the Constitution, was pro-
H pounded and accepted for the first time in Kesavananda Bharat! (snpra).
This is one reason for upholding the laws incorporated into the
Ninth schedule before April 24, 1973, on which date the judgment in
IVAMAN RAO v. UNION (Chmulrachud, C.J.) 39

Kesavananda Bharati (Supra) was rendered. A large number of proper A
ties must have changed hands_ and several new titles must have come into
existence on the faith and belief that the laws included in the Ninth
schedule were not open to challenge on the ground that they were vio
lative of Articles 14, 19 and 31. We will not be justified in upsetting
settled claims and titles and in introducing chaos and confusion into
the lawful affairs of a fairly orderly society. B

The second reason for drawing a line at a convenient and rele
vant point of time is that the first 66 items in the Ninth Schedule,
which were inserted prior to the decision in Kesavananda Bharati,
(Supra) mostly pertain to laws of agrarian reforms. There are a few
•
exceptions amongst those 66 items, like items 17, 18, 19 which relate t o
c
�·
Insurance, Railways 1m d Industries. But almost all other items would
fall within the purview of Article 31A (1) (a). In fact, items 65 and
66, which were inserted by the 29th· Amendment, are the Kerala
Land Reforms (Amendment) Acts of 1969 and 1971 respectively,
which were specifically challenged in Kesavananda Bharati (supra).
D
That challenge was repelled.

Thus, in so far as the validity of Article 3 lB read with the Ninth
schedule is concerned, we hold that all Acts and Regulations included
in the Ninth Schedule prior to April 24, 1973 will receive the full
protection of Article 3 !B. Those laws and regulations will not be E
open to challenge on the ground that they are inconsistent with or
take away or abridge any of the rights conferred by any of the provi
sions of Part III of the Constitution. Acts and Regulations, which are
or will be included in the Ninth Schedule o'n or after April 24, 1973 will
not receive the protection of Article 3 lB for the plain reason that in
the face of the judgment in Kesavananda Bharati (supra) there F
was no justification for making additions to the Ninth schedule wnh
a view to conferring a blanket protection on the laws included therein.
The various constitutional amendments, by which additions were
made to the Ninth Schedule on or after April 24, 1973, will be valid
only if they do not damage or destroy the basic structure of the Cons
titution. G

That leaves for consideration the challenge to the constitntional
validity of the unamended Article 31 C. As we have stated at the
beginning of this judgment, Article 31C was introdued by the Cons
titution (Twents-fifth Amendment) Act, 1971. Initially, it sought to
give protection to those Jaws only which gave effect to the policy of H
the State towards securing the principles specified in clauses (b) and
(c) of Article 39 of the Constitution. No such law could be deemed
40 SUPREME COURT REPORTS [1981] 2 S.C.R.

A to be void on the ground that it is inconsistent with or takes away
or abridges the rights conferred 1J¥ Articles 14, 19 and 31. The con-
cluding portion of the unamended article which gave conclusiveness
to certain declarations was struck down in Kesavananda Bharati,
(supra)

B Shri M. N. Phadke, who Jed the argument on behalf of the peti-
tioners, built a formidable attack against the vires of Article 31C.
But, with respect to the learned counsel, the effort is fruitless because
the question as regards the validity of Article 31C is no longer res
integra. The op~ning clause of Article 31 C was upheld by the ma-
jority in Kesavananda Bharati (Supra) and we do not quite see ho"{ the
c petitioners can be permitted to go behind that decision. The learned
counsel addressed to us an interesting argument on the principles
governing the theory of precedent, and he argued that, in the welter of
judgments delivered in Kesavananda Bharati, '(Supra) it is impossible
to discern a ratio because different learned fodges gave different rea-
sons in ~upport of the conclusions to which they came. It is well-
D known that six learned Judges who were in minority in Kel'!{lvananda
Bharti (Supra) npheld the first part of Article 31C, which was a
logical and inevitable consequence of their view that there were no
inherent or implied !imitations on the Parliament's power to amend
the Constitution. Khanna,. J. did not subscribe to that view but, 'all
the same, he upheld the first part of Article 31C for different reasons.
E
The question of validity of the Twenty-fifth Amendment by which the
unamended Arti.cle 31 C was introduced into the Constitution was spe-
cifically raised before the Conrt and the arguments in that behalf were
specilfically considered by all the six minority Judges and by Khanna,
J. It seems to us difficnlt, in these circumstances, to hold that no com-
F mon ratio can be culled out from the decision of the majority of the
seven Judges who upheld the validity of Article 31 C. Putting it simp-
ly, and there is no reason why simple matters should be made com-
plicated, the ratio of the majority judgments in Kesavananda /Jharati
(Supra) is that the first part of Article 31C is valid.

G Apart from this, if we are right in upholding the validity of Arti-
cle 3 lA on its own merits, it must follow logically that the unamended
Article 31 C is also valid. The unamended portion of Article 31 C is
not like an unchartered ship. It gives protection to a defined and
limited category of laws which are passed for giving effect to the
policy of the State towards securing the princ:iples specified in clause
H (b) or clause (c) of Article 39. These clauses of Article 39 contain
tlirective principles which are vital to the well-being of the country ,'
and the welfare of its people. Whatever we have said in respect of the
WAMAN RAO v. UNION (Chandrachud, C.l.) 41

defined category of law~ envisaged by Article 3 lA must hold good, A
. perhaps with greater ~ in respeci of laws passed for the purpose
of gilving effect to clauses (b) and ( c) of Article 39. It is impossible
to conceive that any law passed for such a purpose can at all violate
Article 14 or Article 19. Article 31 is now out of harm's way. In
fact, far from damaging the basic structure of the Constitution, laws
passed truly and bona fide for giving effect to directive principles con- B
tained in clauses (b) and (c) of Article 39 will fortify that structure.
We do hope that the Parliament will utilise to the maximum its po-
ten.Yal to pass laws, genuinely and truly related to the principles con-
tained in clauses (b) and (c) of Article 39. The challenge made to
the validity of the first part of the unamended Article 31 C therefore
fails. <;

A small, though practically important, clarification seems called
for at the end of this discussion of the validity of Article '.31A, 31B
and 31C. We have held that Jaws included in the Ninth Schedule on
or after April 24, 1973, will not receive the protection of Article 31B
ipso facto. Those laws shall have to be exami~d individually for J)
determining whether the constitutional amendments by which they
were put in the Ninth Schedule, damage or destroy the basic structure
of the Constitution in any manner. The clarification which we desi!re
to make is that such an exercise will become otiose if the laws includ-
ed in the Ninth Schedule on or after April 24, 1973 fall within the
scope and purview of Arlkle 31A or the unamended Article 31C. I:
If those laws are saved- by these Articles, it would be unnecessary to
determine whether they also receive the protection of Article 31B read
with the Ninth Schedule. The fact that Article 3 lB confers protec-
tion on the schedule laws against "any provisions" of Part III- and
the other two Articles confer protection as against Arucles 14 and
19 only, will make no real difference to this position since, after the F
deletion of Article 31, the two provisions of Part III, which would
~crally come into play on the question of validity of the relevant
laws, are Articles 14 and 19.
Apart from these challenges to the various constitutional amend-
ments·, the petitioners have also challenged the validity of the Consti- G
tution (fortieth Amendment) Act, 1976, by which the Amending Acts
21 of 1975, 41 of 1975 and 2 of 1976 were placed in the N"mth Sche-
dule. It may be recalled that the Principal Act was amended by these
Amending Acts. The normal term of five years of the Lok Sabha was
due to expire on March 18, 1976 but, its life was extended for one
year by the House of the People (Extension of Duration) Act, 1976. H
Yet another Act was passed by the Parliament, The House of the
People (Extension of Duration) Amendment Act, 1976, by which the
42 SUPREME COURT REPORTS [198 !'] 2 S.C.R.

A term· of the Lok Sabha was further extended by another year. The
40th Amendment was passed by the Lok Sabha on April 2, 1976 du-
ring its extended term. Since by the aforesaid two Acts, the life of
the Lolc Sabha was extended while both the proclamations of emer-
gency were in operation, the petitKiners challenge the proclamations of
the state of Emergency, dated December 3, 1971 and June 25, 1975
B as also the two Acts by which the term of the Lok Sabha was extend-
ed. The 42nd Amendment inserted clauses 4 and 5 in Article 368
with effect from January 3, 1975. Which was also during the ex-
tended term of the Lok Sabha. That Amendment too is challenged
for that reason. We have struck down that amendment unanimously
by our judgment in Minerva Mills (supra) for the 'reason that it dama- '4L...
c ges the basic structure of the Constitution. Thus, we are now left to
consider the validity of :

( 1) The Promulgation of the state of Emergency by the
proclamations dated December 3, 1971 and June 2:5,
1975;
D
(2) The House of the People (Extension of Duration) Act,
1976;
(3) The House of People (Extension of Duration) Amend-
ment Act, 1976, and
E ( 4) The Constitution (Fdrtieth Amendment) Act, 1976.
The validity of all these is inter-connecte~ and 'the focus of the chal-
lenge is the aforesaid proclamations of Emergency.
The validity of the proclamations of Emergency is challenged
mainly by Shri A. K. Sen, Shri M. N. Phadke, Dr. N. M. (Jhatate and
F
by Shri P. Il. Sawant who appeared in person in Writ Petition No.
63 of 1977. It is contended by the learned counsel and Sbri P. B.
Sawant that the Courts have jurisdiction to enquire whether the power
conferred on the President by Article 352 to proclaim an emetgency
•
is properly exercised as also the power to determine whether there are
G any -circumstances justifying the continuance of the emergency. There
may sometimes be justification for declaring an emergency but if an
emergency, properly declared, is allowed to continue without justi-
fication, the party in power, according to counsel, can perpetuate its
rule and cling to power by extending the life of the Parliament from
time to time. The provisions of Article 352 should, tlierefore, be
H interpreted in a liberal and progressive manner so that the democratic
ideal of the Constitution will be furthered and not frustrated. It is
urged that the threat to the security of India having completely disap-
WAMAN RAO v. UNION (Chandrachud, C.l.) 43

peared soon after the Pakistani aggression in December 1971, the
continuance of the- emergency proclaimed on December 3, 1971, must A
be held to be unjustified and illegal.
A list of dates has been furnished to us by counsel in support of
their argument that the emergency declared on December 3, 1971,
could not legitimately be continued in operation for a period of more
than six years. On December 3, 1971 the President issued the pro- B
clamation of emergency in face of the aggression by Pakistan, stating
that a grave emergency existed whereby the security of the country
was threatened by external aggression. Both the Houses of Parliament
approved the proclamation on the 4th, on which date the Defence of
India Act, 1971, came into force. The Defence of India Rules, 1971,
framed under section 22 of the Defence of India Act, came into force c
on the 5th. On December 16, 1971; the Pakistani forces made an
unconditional surrender in Bangladesh and on the 17th the hostilities
between India and Pakistan came to an end. In February 1972,
General Elections were held to the State Assemblies. On August 28,
1972 the two countries entered into an agreement for the
exchange of prisoners of war, and by April 30, 1974 the repatria- D
tion of the prisoners of war was completed. On August 16, 1974
the Presidential Election was held in India. On June 25, 1975 came
the second proclamation of emergency; in the wake of which a notifica-
tion was issued under Article 359 on June 27 suspending the enforce-
ment of the fundamental rights under Articles 14, 21 and 22. On
E
February 16, 1976 the House of People (Extension of Duration) Act
was passed. The normal term of !he Lok Sabha expired on March 18,
1976. On April 2, 1976, the Lok Sabha passed the 40th Amend-
ment Act by which the Maharashtra Land Ceiling Amendment Acts
were put in tl)e Ninth Schedule as Items 157, 159 and 160. On
November 24, 1976 the House of People (Extension of Duration) F
Amendment Act was passed extending the term of the Parliament for
a further period of one year. The 42nd Amendment Act was passed
on November 12, 1976. The Lok Sabha was dissolved tin January
18, 1977 and both the emergencies were revoked on March 21, r977.
The question as to whether a proclamation of emergency issued by
the President under Article 352 ( 1) of the Constitution rais·~s a justici- G
able issue has bee'n argued in this Conrt from time to time but, for
some reason or the other, though the question has been discussed
briefly and occasionally, there is no authoritative pronouncement
upon it. We do not propose to enter into that question in this case
also partly lncause, there is good reason to hope that in future, there H
will be ho occasion to bring before the Court the kind of grievance
4-1281SCI/80
44 SUPREME COURT REPORTS [1981] 2 S.C.R.

A which is now made in regard to the circumstances in which the pro-
clamation of emergency was issued on June 25, 1975. Section 48 of
the Consti\ution (Forty-second Amendment) Act, 1976, which came
into force on January 3, 1977, has inserted clanses (2) to (8) ill
Article 352 which afford adequate insurance against the misnse of
power to issue a proclamation of emergency. By the newly added
B clause ( 3), the President cannot issue a proclamation under clause ( 1)
unless the decision of the Union Cabinet of Ministers that such a •
proclamation may be issued has been communicated to him in writ-
ing. Under clause (4), every proclamation issued under Article 352
has to be laid before each House of :rarliament, :µid it ceases to
operate at the expiration of one month, unless before the expiration
c of that period, it has been approved by a resolution of both the
Honses of Parliament. Clause ( 4) provides that the proclamation so
approved shall, unless revoked, cease to operate on the expiration of
a period of six months from the date of the passing of the second of
the resolutions approving the proclamation.
D The question as to whether the issuance of a proclamation of
emergency is justiciable raises issues which are noi easy to answer.
In any event, that question can more appropriately and squarely be
dealt with when it arises directly and not incidentally as here.
In so far as the proclamation of December 3, 1971 is concerned, it is
not disputed, and indeed it cannot be disputed, that there was mani-
E
fest justification for that course of action. The danger to the security
of the country was clear and present. Therefore, the attempt of the
petitioners has been to assail the continuance of the state of emer-
gency under that proclamation. From the various dates and events
mentioned and furnished to us, it may be possible for a layman to
F conclude that there was no reason to contillue the state of emergency
at least after the formality of exchanging the prisoners of war was comp-
leted. But we are doubtful whether, on the material furni&hed to us,
it is safe to conclude by way of a judicial verdict that the continuance
of the emergency after a certain date became unjnstified and unlawful.
That inference is somewhat non-judicious to draw. Newspapers and
G public men are entitled to prepare public opinion on the need to
revoke a proclamation of el,llergency. They have diverse sources for
gathering information which they may not disclose and they are '.neither
bound by rules of evidence nor to observe the elementary rule of
judicial busilless that facts on which a conclusion is to be based have
to be established by a preponderance of probabilities. But Courts
H have severe constraints which deter them from undertaking a task
which cannot judicially be performed. It was suggested that the
proclamation of June 25, 1975 was actuated by mala fides. But there
''

lli
WAMAN RAO v. UNION (Chandrachud, C.!.) 45

too, evidence placed before us of ma!a !ides is neither clear nor A
cogent.
Thus, in the first place, we are not disposed to decide the question
as to whether the issuance of a proclamation of emergency raises a
justiciable issue. Secondly, assuming it does, it is not possible in the
present state of record to answer that issue one way or the other. B
And, lastly, whether there was justification for continuing the state
of emergency after the cessation of hostilities with Pakistan is a matter
on which we find ourselves ill-equipped to pronounce.
Coming to the two Act~ of 1976 by which the life of the Lok
Sabha was extended, section 2 of the first of these Acts, 30 of 1976, c
which was passed on February 16, 1976, provided that the period of
five years in relation to the then House of the People shall be extended
for a period of one year "while the Proclamation of Emergency issued on
the 3rd day of December, 1971 and on the 25th day of June, 1975,
are both in operation". The second Act of Extension continues to
contain the same provision. It is contended by the petitioners that D
the proclamation of December 3, 1971 should have been revoked
long before February 16, 1976 and that the proclamation of June
25, 1975 wholly uncalled for and was mala fide. Since the pre-
condition on which the life of the Parliament was extended is not
satisfied, the Act, it is contended, is ineffective to extend the life of
the Parliament. We find it difficult td accept this contention. Both
the proclamations of emergency were in fact in operation on February
16, 1976 when the first Act was passed as also on November 24,
1976 when the second Act, 109 of 1976, was passed. It is not pos-
11"ble for us to accept the submission of the petitioners that for the
various reasons assigned by them, the first proclamation must be
deemed not be in existence and that the second proclamation must F
be held to have been issued mala fide and therefore non-est. The
evide'nce produced before ns is insufficient for recording a decision on
either of these matters. It must follow that the two Acts by which

- the duration of the Lok Sabha was extended are valid and lawful. The
40th and the 42nd Constitutional Amendments cannot, therefore, be
struck down on the gronud that they were passed by a Lok Sabha
G
which was :not lawfully in existeuce .
. These theu are our reasons for the order which we passed on
May 9, 1980 to the following effect :
"(1) The Constitution (First Amendment) Act, 1951 which H
introduced Article 31 A into the Constitution with retrospective effect,
·,... and section 3 of the Constitution (Fourth Amendment) Act, 1955
46 SUPREME COURT REPORTS [1981] 2 S.C.R.

A which substituted a new clause (1), sub-clause (a) to (e), for the
original clause (1) with retrospective effect, do not damage any of the
basic or essential features of the Constitution or its basic structure and
arc valid and constitutional, being withiu the constituen_t power of the
Parliament.
( 2) Section 5 of the Constitution (First Amendment) Act 19 51
B
introduced Article 31B into the Constitution which reads thus
·''31B x x x x x x

In Keshvananda Bharati (197.3, Suppl., SCR 1) decided on April
24, 1973 it was held by the majority that Parliament has no power to
c amend the Constitution so as to damage or destroy its basic or essential
features or its basic structure. We hold that all amendments to the •
Constitution which were made befone April 24, 1973 and by which
the 9th Schedule to the Constitution was amended from time to time
by the inclusion of various Acts and Regulatiohs therein, are valid
and constitutional. Amendments to the Constitution made on or
D after April 24, 1973 by which the 9th Schedule to the Constitution was
amended from time to time by the inclusion of various Acts and Regu-
lations therein, are ope'n to challegge on the ground that they, or
any one or more of them, are beyond the constituent power of the
Parliament since they damage the basic or essential features of the Con-
E \ stitution or its basic strncture. We do not pronounce upon the validity
of such subsequent constitutional amendments except to say that if.
any Act Regulation included in the 9th Schedule by a Constitutional
amendment made on or after April 24, 1973 is s,ived by Article 31A,
or by Article 31 C as it stood prior to its amendment by the 42nd
Amendment, the challenge to the validity of the relevant Constitutional
Amendment by which that Act or Regnlation is put in the 9th Sch~
F
dule, on the gronnd that the Amendment damages or destroys a basic
or essential feature of the Constitntional or its basic structnre as reflec-
ted in Articles 14, 19 or 31, wil! become otiose.

G
(3) Article 31C of the Constitution, as it stood prior to itS
amendment by section 4 of the Constitution ( 42nd Amendment),
Act, 1976, is valid to the extent to which its constitutionality was
upheld in Keshvananda Bharati. Article 31C, as it stood prior to
-
the Constitution ( 42nd Amendment) Act does not damage any of
tbe basic or essential features of the Constitution or its basic.
structure.
B (4) All the Writ Petitions and Review Petitions relating to the
validity of the Maharashtra Agricultural Lands Ceiling Acts are dis-
missed with costs. The stay orders granted in these matters will

ii I d:Ja:a -- -
WAMAN RAO v. UNION (Bhagwati, J.) 47

stand vacated. We quantify the costs at Rs. five thousand which will A
be borne equally by the petitioners in Writ Petitions Nos. 656-660 of
1977; 512-533 of 1977; and 505 to 511 of 1977. The costs will
be payable to the Union of India and the State of Maharashtra in
eqnal measure.

(5) Writ Petition No. 63 of 1977 (Baburao Samant v. Union of B
rndia) will be set down for hearing" .

.) .
BHAGWATI, J.(1) This Court made an Order on 9th May,
1980 disposing of the writ petitions challenging the constitutional vali-
dity of the Maharashtra ;\gricultural Lands (Ceiling on Holdings) c
Act, 27 of 1961 as amended from time to time by various subsequent
acts. This Order was in the following terms :

"(1) The Constitution (First Amendment) Act, 1951 which in-
troduced Article 31A into the Constitution with retrospective effect,
and &>..ction 3 of the Constitution (Fourth Amendment) Act, 1955 D
which substituted a new clause (1), sub-clause (a) to (e), for the
original clause(!) with retrospective effect, do not damage any of
the basic or essential features of the Constitution or its basic struc-
ture and are valid and constitutional, being within the constituent
power of the Parliament.
E
(2) Section 5 of the Constitution (First Amendment) Act 1951
introduced A1ticle 3 IB into the Constitution which reads thus

"3 lB : x x x x x

·<t In Keshvananda Bharati (1973, Suppl., SCR 1) decided on April F
24, 1973 it was held by the majority that Parliament has no power
to amend tb~ Constitution so as to damage or destroy its basic or
essential features or its basic structure. We hold that all amendments
to the Constitution which were made before April 24, 1973 and by
which the 9th Schedule to the Constitution was amended from time
to time by the inclusion of various Acts and Regulations therein, are G
valid and constitutional. Amendments to the Constitution made on
or after April 24, 1973 by which the 9th Schedule to the Constitution
was arn~nded from time to time by the inclusion of various Acts and
Regulations therein, are open to challenge on the ground that they,
or any one or more of them, are beyond the constituent power of the
D
(I) The Judgment ofBhagwati J. should be read along with his reasons reported
in the case published in [1981] l S.C.R. P.206.

ti:-
48 SUPREME COURT REPORTS [1981] 2 S.C.R.

A Parliament since they damage the basic or essential features of the
Constitution or its basic structure. We do not pronounce upon the
validity of such subsequent constitutional amendments except to say
that if any Act or Regulation included in the 9th Schedule by a cons-
titutional amendment made on or after April 24, 1973 is saved by
Article 3 lA, or by Article 31 C as it stood prior to its ame'ndment
B by the 42nd Amendment, the challenge to the validity of the relevant
Constitutional Amendment by which that Act or Regulation is put
iu the 9th Schedule, on the ground that the Amendment damages or
destroys a basic or essential feature of the Constitution or its basic -l...<
structure as reflected in Articles 14, 19 or 31, will become otiose.
c (3) Article 31C of the Co'nstitution, as it stood prior to its
amendment by section 4 of the Constitution ( 42nd Amendment) Act,
1976, is valid to the extent to which its constitutionality was upheld
in Keshvananda Bharati. Article 31C, as it stood prior to the Cons·
titution ( 42nd Amendment) Act does not damage any of the basic
or essential features of the Constitution or its basic structure.
D
( 4) All the writ petitions and Review Petitions relating to the
validity of the Maharashtra Agricultural Lands Ceiling Acts are dis-
missed with costs. The stay orders granted in these matters will
stand vacated. We quantify the costs at Rs. five thousand which will
be borne equally by the petitio'ners in Writ Petitions Nos. 656-660
E of 1977; 512-533 of 1977; and 505 to 511 of 1977. The costs will
be payable to the Union of India and the State of Maharashtra in
equal measure.

(5) Writ Petition No. 63 of 1977 (Babumo Sawant v. Union
of India) will be set down for hearing". No reasons were given
F ' in support of this Order but it was stated that reasons would be given
later. While delivering my dissenting judgment in Minerva Mills
Ltd. v. Union of India (1980) 3 SCC 625 on 31st July 1980, I gave
my reasons for subscribing to this Order. It is therefore not necessary
to reiterate those reasons over again but they may be treated as
formi'ng part of this judgment and a copy of my judgment in Minerva
G Mills case may be attached as an annexure to this judgment. I may
point out that pages 1 to 6 and pages 17 to 96 of the judg-
ment in Minerva Mills case set out the reasons for the making
of the order dated 9th May 1980 and I re-affirm those
reasons.

B I have had the advantage of reading the judgment just delivered
by the learned Chief Justice, but I find my6e!f unable to agree with
him that "it is somewhat difficult to apply the doctrine of stare decisis
WAMAN RAO V. UNION (Bhagwati, J.) 49

for upholding "Article 3 lA and that it would not be proper to invoke A
the doctrine of stare decisis for upholding the validity of that Article."
I have given reasons in my judgment for applying th~ doctrine of
stare decisis for sustaining the constitutional validity of Article 31A,
but apart from the reasons given by me in support of my view, I
find that in Ambika Prasad Mishra v. State of U.P.(') the same
Bench which is deciding the prese"rlt writ petitions has upheld the B
constitutional validity of Article 31A by applying the doctrine of
stare decisis. Krishna Iyer, J. speaking on behalf of a unanimous
court said in that case :
"It is significant that even apart from the many decisio"rlS
upholding Article 31A, Golak Nath case decided by a c
Bench of 11 Judges, while hold?ng that the Constitution
(First Amendment) Act exceeded the constituent power still
categorically declared that the said amendment and a few
other like amendments would be held good based on the
doctrine of prospective over-ruling. The result, for our pur-
pose, is that even Golak Nath case has held Article 3 lA D
valid. The note struck by later cases reversing Golak Nath
does not militate against the vires of Article 31A. Suffice
it to say that in the Kesava:nanda Bharati case Article 3 lA
was challenged as beyond the amendatory power of Parlia-
ment and, therefore, invalid. But after listening to the
Marathon erudition from eminent counsel, a 13 Judge Bench E
of t.1:1is Court upheld the vires of Article 31-A in unequi-
vocal terms. That decision binds, on the simple score of
stare decisis and the constitutional ground of Article 141.
Every new discovery or argumentative novelty cannot undo
or compel reconsideration of a binding precedent. In this
view, other submissions sparkli"ng with creative ingenuity and F
presented with high-pressure advocacy, cannot persuade ns
to reopen what was laid down for the guidance of the nation
as a solemn proposition by the epic Fundamental Rights
case."
(Emphasis supplied.) G
These observations show b~yond doubt that this very Bench held
Article 31-A to be constitutionally valid "on the simple score of stare
decisis". It is true that Krishna Iyer, J. stated in the beginning of
his judgment in Ambika Prasad Mishra's case :
"In this judgment, we side-step the bigger issue of the
II
vires of the constitutional amendments in Articles 31-A,
(1) [1980] 3 S.C.R. 1159.
50 SUPREME COURT REPORTS (1981] 2 S.C.R.

A 31-B and 31-C as they are dealt with in other cases disposed
of recently."

This statement was made presumably recause the learned Judge
must have thought at the time when he prepared his judgment in this
B case that the judgment ih the present writ petitions would re given
before his judgment came to be delivered and on this assumption,
the learned Judge did not consider it necessary to discuss the entire
range of arguments relating to the constitutional validity of ArJicles
31-A, 31-B and 31-C. But so far as Article 31A was concerned, the
learned Judge did proceed to hold that Article 31A was constitution-
c ally valid "on the simple score or stare decisis" and the other four
learned Judges subscribed to this view. It is also true that Krishna
Iyer, J. did not rest his judgment entirely on the protective armour of
Article 31A and pointed out that "independently of Article 31-A,
the impugned legislation can withstand cohstitutional invasion" and
D sustained the validity of the impugned legislation on merits, but even
so he did hold that Article 31-A was constitutionally valid on the
principle of stare decisis and observed that "the comprehensive voca-
bulary of that purposeful provision obviously catches within its pro-
tective net the present Act, a·nd broadly speaking, the undisputed
elfect of that Article is sufficient to immunise the Act against invali-
E dation to the extent stated therein". I cannot, therefore, despite the
high regard and great respect which I have for the learned Chief
Justice, agree with him that the doctrine of stare decisis cannot be
invomd for upholding the validity of Article 31-A, since that would
be in direct contradiction of what has been held by this very Bench
in Ambika Prasad Mishra v. State of U.P. (supra).
F

KRISHNA IYER, J. While I agree with the learned Chief Justice,
I must state that certain observations regarding Arts. 31A, 31B and
31C are wider than necessary and I do not go that far despite the
decision in Minerva Mills case.(') I also wish to add a rider regard-
G ing the broader observations with the application of stare
decisis in sustai'ning Art. 31A. I have expressly upheld Art. 31A
by reliance on stare decieis and cannot practise a volte face without
convincing juristic basis to convert me to a contrary position. I know
that Justice Holmes has said : "Don't be" consistent, "but be simply
true". I also remind myself of the profound reflection of Ralph
H
Waldo Emerno·n :
(1) [1981] I S.C.R. p. 206.
WAMAN RAO v. UNION (Krishna Iyer, l.) 51

A foolish consistency is the hobgoblin of little minds,
adored by little statesmen and philosophers and divines. With
consistency a great soul has simply nothing to do. He may
as well concern himself with his shadow on the wall.
Speak what you think now in hard words and tomorrow
speak what tomorrow thinks in hard words again, though
it contradict every thing you said today.-"Ah, so you shall
be sure to be misunderstdod." Is it so bad then to be mis-
understood ? Pythagoras was misunderstood, and Socrates,
and Jesus, and Luther, and Copernicus, and Galileo, and
Newton, and every pum and wise spirit that ever took
flesh. To be great is to be misunderstood.
c
And yet, I hold to what I have earlier stated in Ambika Prasad
Misra.(') What the learned Chief Justice has in mind, if, with
respect, I may venture to speak is that in constitutional issues
over-stress on precedents is inept because we cannot be governed
by voices from the grave and it is proper that we are ultimately right
rather than be consistently wrong. Even so, great respect and bind-
ing value are the normal claim of rulings until reversed by larger
benches. That is the minimum price we pay for adoption of the
jurisprudence of binding precedents. I leave it at that because the
learned Chief Justice has held the impugned Act good in its own
right. Enough unto the day is the evil thereof.

V.D.K. Petitions dismissed.

{1) [1980] 3 SCR- p. 1159