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TMI Blog1971 (8) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... essary to state them because the question of the constitutional validity of s. 3 of the impugned Act falls for determination solely on the interpretation 1 of the relevant provisions of the Constitution without any reference to the facts. Part X of the Constitution dealing with the Scheduled and Tribal Areas consists of the solitary Art. 244 which provides for the administration of such areas. According to sub-Art. (2) of this Article the provisions of the Sixth Schedule of the Constitution apply to the administration of the tribal areas in Assam. By virtue of Para 1 (1) read with Para 20 and Part A of the Table appended to this Schedule the United Khasi-Jaintia Hills District has been constituted into an autonomous District and under Para 2 ( 1 ) of the Schedule there has to be a District Council for each autonomous District with not less than three-fourths of its members to be elected on the basis of adult suffrage. Para 3 (1 ) (a) of the Schedule with which we are directly concerned in these appeals reads as under :- 3.Powers of the District Councils and Regional Councils to make laws.- (1)The Regional Council for an autonomous region in respect of all areas within su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art of land. The High Court has held that Para 3 (1) (a) of the Sixth Schedule does not empower the District Council to legislate with respect to transfer of land. According to that Court the expression the allotment, occupation or use, or the setting apart of land. . . does not take within its fold transfer of land . The learned Attorney-General has questioned the correctness of this view and has submitted that bearing in mind the legislative history of the Sixth Schedule which reflects the real object and purpose of inserting in the Constitution a separate provision for the administration of tribal areas in the State of Assam, the expression in question as used in cl. (a) of para 3 (1 ) must be given a wider meaning so as to include transfer of land . The learned Attorney-General has in support of this submission drawn our attention to Art. 46 of the Constitution which embodies as one of the directive principles of State policy, requiring the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been sought from the decision of the Federal Court in Bhola Prasad v. The King-Emperor([1942] F.C.R. 17.) and from a recent decision of this Court in Indu Bhusan Bose v. Rama Sundari Devi anr([1970] 1 S.C.R. 443.). In Bhola Prasad s case([1942] F.C.R. 17.) it was observed that the expression with respect to contained in s. 100(3) of the Government of India Act, 1935, which gives to a Provisional Legislature power to make laws for the Province or any part thereof should be given a wide construction. On this analogy the learned Attorney-General has contended that the expression with respect to contained in para 3(1) also deserves to be construed widely so as to include within the expression the allotment, occupation or use employed by the Constitution in cl. (a) transfer of lands .In Indu Bhusan Bose s case ([1970] 1 S.C.R. 443.) this Court construed the word regulation in the expression regulation of house accommodation in Entry No. 3, List I, in the Seventh Schedule of the Constitution of India to be wide enough to include within it all aspects as to who is to make the constructions, under what conditions the constructions can be altered, who is to occupy the accommod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt was right in placing the construction it did on the scope and effect of cl. (a) of para 3 (1) of the Sixth Schedule. On the plain reading of para 3 (1) (a) of the Sixth Schedule and of the preamble and S. 3 of the impugned Act the first prima facie difficulty which one faces in accepting the appellant s argument is created by the departure by the District Council from the language used in para 3 (1) (a) of the Schedule in the language used in the preamble and S. 3 of the impugned Act. The addition in the preamble of the word transfer to the, words allotment, occupation or use of land. . . . used in para 3 (1) (a) of the Schedule is indicative of an intent to enlarge the scope of the object and purpose of enacting the impugned Act beyond the limits of the power conferred by the Constitution. And then in s. 3 of the impugned Act we find that a completely different phraseology has been employed for prohibiting various kinds of transfers in express terms. This leaves no doubt about the great importance attached by the District Council to the addition of the word transfer in the preamble to, the expression actually used in the Sixth Schedule for conferring legislative powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so as to include the power of transfer. The purpose, object and scheme of making such provision for the hill areas also goes against the appellant s contention. It therefore seems to us to be quite clear that the framers of the Constitution wanted to confine the power of the District Councils to make laws under para 3 (1) (a) to the distribution or setting apart, of the land mentioned therein only for the purposes of occupation or use as expressly stated therein, without intending to extend that power to the transfer of land. This construction is not only in accord with the real sense discernible from the plain meaning of the language used in. this clause, but it also serves more effectively to carry out the manifest purpose, policy and scheme underlying the provisions of the Constitution, namely, protection of the hill people in the North-Eastern Hills Districts against exploitation by the more sophisticated outsiders from the plains than the construction which would extend the District Councils power of making laws to the transfer of land. The report of the Sub-Committee referred to earlier clearly supports this construction. The passages from the report to which our attentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; (b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to any autonomous district or an autonomous region, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he. may specify in the notification. (2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect. It is clear from this provision, read with para 3 (1) (a) already, reproduced, that the District Councils unlike the Parliament and the State Legislatures are not intended to be clothed with plenary power of legislation. Their power to make laws is expressly limited by the provisions of the Sixth Schedule which has created them and they can do nothing beyond the limits which cir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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