THE CONSTITUTION (SEVENTY-EIGHTH AMENDMENT) ACT, 1995
Statement of Objects and Reasons appended to the Constitution
(Eighty-first Amendment) Bill, 1994 which was enacted as
THE CONSTITUTION (Seventy-eighth Amendment) Act, 1995
STATEMENT OF OBJECTS AND REASONS
Article 31B of the Constitution confers on the enactments included in
the Ninth Schedule to the Constitution immunity from legal challenge
on the ground that they violate the fundamental right enshrined in
Part III of the Constitution. The Schedule consists of list of laws
enacted by various State Governments and Central Government which
inter alia affect rights and interest in property including land.
2. In the past, whenever it was found that progressive legislation
conceived in the interest of the public was imperilled by litigation,
recourse was taken to the Ninth Schedule. Accordingly, several State
enactments relating to land reforms and ceiling on agricultural land
holdings have already been included in the Ninth Schedule. Since the
Government is committed to give importance to land reforms, it has
been certain decided to include land reform laws in the Ninth Schedule
so that they are not challenged before the Courts. The State
Governments of Bihar, Karnataka, Kerala, Orissa, Rajasthan; Tamil
Nadu and West Bengal have suggested the inclusion of some of their
Acts relating to land reforms in the Ninth Schedule.
3. Since the amendment to Acts which are already placed in the Ninth
Schedule are not automatically immunised from legal challenge, a
number of amending Acts along with a few principal Acts are also
proposed to be included in the Ninth Schedule so as to ensure that
implementation 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 (SEVENTY-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 of
India 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 the
Constitution, after entry 257A and before the Explanation, the
following 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 of
Fragmentation Act, 1956 (Bihar Act 22 of 1956).
260. The Bihar Consolidation of Holdings and Prevention of
Fragmentation (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 of
Fragmentation (Amendment) Act, 1973 (Bihar Act 27 of 1975).
263. The Bihar Consolidation of Holdings and Prevention of
Fragmentation (Amendment) Act, 1981 (Bihar Act 35 of 1982).
264. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition
of 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 of
1990).
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 of
1989).
269. The Kerala Land Reforms (Second Amendment) Act, 1989 (Kerala Act
2 of 1990).
270. The Orissa Land Reforms (Amendment) Act, 1989 (Orissa Act 9 of
1990).
271. The Rajasthan Tenancy (Amendment) Act, 1979 (Rajasthan Act 16 of
1979).
272. The Rajasthan Colonisation (Amendment) Act, 1987 (Rajasthan Act
2 of 1987).
273. The Rajasthan Colonisation (Amendment) Act, 1989 (Rajasthan Act
12 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) Second
Amendment 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 Bengal
Act 50 of 1981).
279. The West Bengal Land Reforms (Amendment) Act, 1986 (West Bengal
Act 5 of 1986).
280. The West Bengal Land Reforms (Second Amendment) Act, 1986 (West
Bengal Act 19 of 1986).
281. The West Bengal Land Reforms (Third Amendment) Act, 1986 (West
Bengal Act 35 of 1986).
282. The West Bengal Land Reforms (Amendment) Act, 1989 (West Bengal
Act 23 of 1989).
283. The West Bengal Land Reforms (Amendment) Act, 1990 (West Bengal
Act 24 of 1990).
284. The West Bengal Land Reforms Tribunal Act, 1991 (West Bengal Act
12 of 1991).".
