THE CONSTITUTION (TWENTY-NINTH AMENDMENT) ACT, 1972

THE CONSTITUTION (TWENTY-NINTH AMENDMENT) ACT, 1972

Statement of Objects and Reasons appended to the Constitution
(Thirty-second Amendment) Bill, 1972 which was enacted as
the Constitution (Twenty-ninth Amendment) Act, 1972

STATEMENT OF OBJECTS AND REASONS

The Kerala Land Reforms Act, 1963 (Act 1 of 1964), in the principal
land reform law in the State of Kerala and was included in the Ninth
Schedule to the Constitution. In the course of implementation, the
State Government faced serious practical difficulties and to overcome
them, that Act was extensively amended by the Kerala Land Reforms
(Amendment) Act, 1969 (Act 35 of 1969) and by the Kerala and Reforms
(Amendment) Act, 1971 (Act 25 of 1971). Certain crucial provisions of
the principal Act as amended were challenged in the High Court of
Kerala and in the Supreme Court, creating a climate of uncertainty in
the effective implementation of land reforms. Although the High Court
of Kerala has generally upheld the scheme of land reforms envisaged in
the principal Act as amended, a few vital provisions have been struck
down by the High Court. Even in regard to the provisions upheld by
the High Court, the affected parties had moved the Supreme Court in
appeal. Some persons also moved the Supreme Court in original
petitions challenging certain provisions of the Act. The Supreme
Court in its judgments delivered on 26th and 28th April, 1972, have
generally uphold the scheme of land reforms as envisaged in the
principal Act as amended but agreed with the High Court invalidating
certain crucial provisions. It is feared that this will have
far-reaching adverse affects on the implementation of the programme of
land reforms in the State and thousands of tenants will be adversely
affected by some of the provisions which have been either struck down
or rendered ineffective. It is also apprehended that certain
observations of the Supreme Court in the judgments might open the
flood-gates of litigation much to the detriment of thousands of
Kudikidappukars in the State who will not be able to defend themselves
in protracted legal proceedings. Further, appeals have been preferred
against the judgment of the Kerala High Court invalidating certain
important provisions of the principal Act as amended [e.g. sections
4A (1)(a) and (b), 7, 7D(1) and 103] and they are pending in the
Supreme Court.

2. It is, therefore, proposed to include the Kerala Land Reforms
(Amendment) Act, 1969 and the Kerala Land Reforms (Amendment) Act,
1971 in the Ninth Schedule to the Constitution so that they may have
the protection under article 31B and any uncertainty or doubt that may
arise in regard to the validity of those Acts is removed. The Bill
seeks to achieve this object.

NEW DELHI; H. R. GOKHALE.

The 24th May, 1972.

THE CONSTITUTION (TWENTY-NINTH AMENDMENT) ACT, 1972

[9th June, 1972.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Twenty-ninth
Amendment) Act, 1972.

2. Amendment of Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 64 and before the Explanation the following
entries shall be inserted, namely:-

"65. The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of
1969).

66. The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of
1971.".