THE CONSTITUTION (SEVENTH-EIGHTH AMENDMENT) ACT, 1995
SECTION OF: 1-4
SEVENTH-EIGHTH AMENDMENT
Statement of Objects and Reasons appended to the Constitution(Eighty-first Amendment) Bill, 1994 which was enacted asTHE CONSTITUTION (Seventy-eighth Amendment) Act, 1995
STATEMENT OF OBJECTS AND REASONS
Article 31B of the Constitution confers on the enactments included inthe Ninth Schedule to the Constitution immunity from legal challengeon the ground that they violate the fundamental right enshrined inPart III of the Constitution. The Schedule consists of list of lawsenacted by various State Governments and Central Government whichinter alia affect rights and interest in property including land.
2. In the past, whenever it was found that progressive legislationconceived in the interest of the public was imperilled by litigation,recourse was taken to the Ninth Schedule. Accordingly, several Stateenactments relating to land reforms and ceiling on agricultural landholdings have already been included in the Ninth Schedule. Since theGovernment is committed to give importance to land reforms, it hasbeen certain decided to include land reform laws in the Ninth Scheduleso that they are not challenged before the Courts. The StateGovernments of Bihar, Karnataka, Kerala, Orissa, Rajasthan; TamilNadu and West Bengal have suggested the inclusion of some of theirActs relating to land reforms in the Ninth Schedule.
3. Since the amendment to Acts which are already placed in the NinthSchedule are not automatically immunised from legal challenge, anumber of amending Acts along with a few principal Acts are alsoproposed to be included in the Ninth Schedule so as to ensure thatimplementation of these Acts is not adversely, affected by litigation.
4. The Bill seeks to achieve the above objects.
NEW DELHI; RAMESHWAR THAKUR.
The 22nd February, 1994.
THE CONSTITUTION (SEVENTH-EIGHTH AMENDMENT) ACT, 1995
[30th August, 1995.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Forty-sixth Year of the Republic ofIndia as follows:-
1. Short title.-This Act may be called the Constitution(Seventy-eighth Amendment) Act, 1995.
2. Amendment of the Ninth Schedule.-In the Ninth Schedule to theConstitution, after entry 257A and before the Explanation, thefollowing entries shall be inserted, namely:-
"258. The Bihar Privileged Persons Homestead Tenancy Act, 1947(Bihar Act 4 of 1948).
259. The Bihar Consolidation of Holdings and Prevention ofFragmentation Act, 1956 (Bihar Act 22 of 1956).
260. The Bihar Consolidation of Holdings and Prevention ofFragmentation (Amendment) Act, 1970 (Bihar Act 7 of 1970).
261. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,1970 (Bihar Act 9 of 1970).
262. The Bihar Consolidation of Holdings and Prevention ofFragmentation (Amendment) Act, 1973 (Bihar Act 27 of 1975).
263. The Bihar Consolidation of Holdings and Prevention ofFragmentation (Amendment) Act, 1981 (Bihar Act 35 of 1982).
264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisitionof Surplus Land) (Amendment) Act, 1987 (Bihar Act 21 of 1987).
265. The Bihar Privileged Persons Homestead Tenancy (Amendment) Act,1989 (Bihar Act 11 of 1989).
266. The Bihar Land Reforms (Amendment) Act, 1989 (Bihar Act 11 of1990).
267. The Karnataka Scheduled Castes and Scheduled Tribes (Pro-hibition of Transfer of Certain Lands) (Amendment) Act, 1984(Karnataka Act 3 of 1984).
268. The Kerala Land Reforms (Amendment) Act, 1989 (Kerala Act 16 of1989).
269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala Act2 of 1990).
270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of1990).
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of1979).
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act2 of 1987).
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act12 of 1989).
274. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)Amendment Act, 1983 (Tamil Nadu Act 3 of 1984).
275. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)Amendment Act, 1986 (Tamil Nadu Act 57 of 1986).
276. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) SecondAmendment Act, 1987 (Tamil Nadu Act 4 of 1988).
277. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land(Amendment) Act, 1989 (Tamil Nadu Act 30 of 1989).
278. The West Bengal Land Reforms (Amendment) Act, 1981 (West BengalAct 50 of 1981).
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West BengalAct 5 of 1986).
280. The West Bengal Land Reforms (Second Amendment) Act, 1986 (WestBengal Act 19 of 1986).
281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (WestBengal Act 35 of 1986).
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West BengalAct 23 of 1989).
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West BengalAct 24 of 1990).
284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act12 of 1991).".
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