1996 (12) TMI 383 - SUPREME COURT

Scope and intendment of the Amending Act - Held that:- On validity of the Amending Act we are unable to see on what ground can its validity impeached. All that it does is to provide statutory basis and legislative imprimatur to the price fixation done by the Commissioner and its break-up. It also provides for recovery and deduction of the 0.70 paise component on account of maintenance charges of warehouses. It can neither be suggested that the Bihar Legislature did not have the legislative competence to enact the said Amending Act nor can it be suggested that the Act violates any of the fundamental rights enshrined in para III. The general averment of Mr. Y.V. Giri that the Act is arbitrary is too vague to merit any acceptance, apart from the fact that an act of Legislature cannot be struck down merely saying it is arbitrary.

The appeals are allowed, the judgment of the High Court is set aside and it is declared that the Amending Act 9 of 1995 being Bihar Act of 9 of 1995 is neither unconstitutional nor is it ineffective to achieve the objective it set out to achieve - object set out in the Preamble.