Monday, October 01, 2012

Waman Rao Vs Union of India-Certaining the Uncertainty - Author: Abhirup Ghosh - Gujarat National Law University

Waman Rao Vs Union of India-Certaining the Uncertainty - Author: Abhirup Ghosh - Gujarat National Law University
There was an Act called Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1962, hereinafter referred as the Act, imposed a ceiling on agricultural lands. Thereafter the ceiling was revised from time to time and certain other amendments were brought into operation. The validity of these Acts were challenged before the Bombay High Court on the ground that they take away the fundamental rights. Articles 31A and 31B were also brought under the purview of challenge on the ground that they infringe the basic structure of the constitution. But in the High Court level all challenges were rejected. Against the decision appeal was filed in the Supreme Court in the case of Dattatraya Govind Vs State of Maharashtra (1977 2 SCR 790). But those appeals were also dismissed on reasons stated by the Court. This judgment of Duttatraya case was delivered during emergency. As the emergency had been revoked the petitions were filed in the Court seeking review of the Duttatraya case. Therefore the present case has basically emerged as a review of the Dattatraya case.
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