SCR 89 1951
Article 13 ,Article 368,Article 31(a)& 31(b)
In this case the government took petitioner’s land who was zamindar registered under The Zamindari Abolition Act, 1951. As the zamindari system was prevailing since the British era wherein unequal distribution of land pertained so this act was the need of the hour. However, the act was challenged by the zamindars as it violated the Fundamental rights of the zamindars and later declared unconstitutional by Patna High Court under Article 13 of the Indian Constitution. Contrary to this, different High Courts had their own views thus the matter was taken to Supreme Court for the final judgement.
The Supreme Court upheld the validity of the land reform and Article 31(a) and 31(b) were also validated. The word “Law” in Article 13 includes only ordinary laws and not the Constitutional amendment act so such law will not be violated under Article 13 , so it is not void. The court also ruled the Parliament’s power to amend the constitution under Article 368 of the Indian Constitution
Order VII Rule 11(d), CPC , Section 73 AA of the Land Revenue Code.
Article 227 of the Constitution of India