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TMI Blog1971 (8) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... is, however, unnecessary to state them because the question of 'the constitutional validity of s. 3 of 'the impugned Act falls for determination solely on the interpretation 1 of the relevant provisions of the Constitution without any reference to the facts. Part X of the Constitution dealing with the Scheduled and Tribal Areas consists of the solitary Art. 244 which provides for the administration of such areas. According to sub-Art. (2) of this Article the provisions of the Sixth Schedule of the Constitution apply to the administration of the tribal areas in Assam. By virtue of Para 1 (1) read with Para 20 and Part A of the Table appended to this Schedule the United Khasi-Jaintia Hills District has been constituted into an autonomous District and under Para 2 ( 1 ) of the Schedule there has to be a District Council for each autonomous District with not less than three-fourths of its members to be elected on the basis of adult suffrage. Para 3 (1 ) (a) of the Schedule with which we are directly concerned in these appeals reads as under :- 3.Powers of the District Councils and Regional Councils to make laws.- (1)The Regional Council for an autonomous region in respect of all are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion or use or the setting apart of land." The High Court has held that Para 3 (1) (a) of the Sixth Schedule does not empower the District Council to legislate with respect to transfer of land. According to that Court the expression "the allotment, occupation or use, or the setting apart of land. . . " does not take within its fold "transfer of land". The learned Attorney-General has questioned the correctness of this view and has submitted that bearing in mind the legislative history of the Sixth Schedule which reflects the real object and purpose of inserting in the Constitution a separate provision for the administration of tribal areas in the State of Assam, the expression in question as used in cl. (a) of para 3 (1 ) must be given a wider meaning so as to include 'transfer of land'. The learned Attorney-General has in support of this submission drawn our attention to Art. 46 of the Constitution which embodies as one of the directive principles of State policy, requiring the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ixth Schedule as suggested by the learned Attorney General has been sought from the decision of the Federal Court in Bhola Prasad v. The King-Emperor([1942] F.C.R. 17.) and from a recent decision of this Court in Indu Bhusan Bose v. Rama Sundari Devi & anr([1970] 1 S.C.R. 443.). In Bhola Prasad's case([1942] F.C.R. 17.) it was observed that the expression "with respect to" contained in s. 100(3) of the Government of India Act, 1935, which gives to a Provisional Legislature power to make laws for the Province or any part thereof should be given a wide construction. On this analogy the learned Attorney-General has contended that the expression "with respect to" contained in para 3(1) also deserves to be construed widely so as to include within the expression "the allotment, occupation or use" employed by the Constitution in cl. (a) 'transfer of lands".In Indu Bhusan Bose's case ([1970] 1 S.C.R. 443.) this Court construed the word " regulation" in the expression" regulation of house accommodation' in Entry No. 3, List I, in the Seventh Schedule of the Constitution of India to be wide enough to include within it all aspects as to who is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady drawn our attention. We have given full consideration to the arguments addressed by the learned Attorney-General, but we feel that the High Court was right in placing the construction it did on the scope and effect of cl. (a) of para 3 (1) of the Sixth Schedule. On the plain reading of para 3 (1) (a) of the Sixth Schedule and of the preamble and S. 3 of the impugned Act the first prima facie difficulty which one faces in accepting the appellant's argument is created by the departure by the District Council from the language used in para 3 (1) (a) of the Schedule in the language used in the preamble and S. 3 of the impugned Act. The addition in the preamble of the word "transfer" to the, words "allotment, occupation or use of land. . . . " used in para 3 (1) (a) of the Schedule is indicative of an intent to enlarge the scope of the object and purpose of enacting the impugned Act beyond the limits of the power conferred by the Constitution. And then in s. 3 of the impugned Act we find that a completely different phraseology has been employed for prohibiting various kinds of transfers in express terms. This leaves no doubt about the great importance attached ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) also, if power to make laws with respect to transfer of land was intended to be conferred on the District Council. In our opinion, the plain language of this sub-para does not admit of any ambiguity and no compelling reasons have been brought to our notice why the language should be unduly stretched so as to include the power of transfer. The purpose, object and scheme of making such provision for the hill areas also goes against the appellant's contention. It therefore seems to us to be quite clear that the framers of the Constitution wanted to confine the power of the District Councils to make laws under para 3 (1) (a) to the distribution or setting apart, of the land mentioned therein only for the purposes of occupation or use as expressly stated therein, without intending to extend that power to the transfer of land. This construction is not only in accord with the real sense discernible from the plain meaning of the language used in. this clause, but it also serves more effectively to carry out the manifest purpose, policy and scheme underlying the provisions of the Constitution, namely, protection of the hill people in the North-Eastern Hills Districts against exploitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a Regional Council may make laws, and no Act of the Legislature of the State prohibiting or restricting the consumption of any non distilled alcoholic liquor shall apply to any autonomous district or autonomous region unless in either case the District Council for such district or having jurisdiction over such region by public notification so directs, and the District Council in giving such direction with respect to any Act may direct that the Act shall in its application to such district or region or any part thereof have effect subject to such exceptions or modifications as it thinks fit; (b) the Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State to which the provisions of clause (a) of this sub-paragraph do not apply shall not apply to any autonomous district or an autonomous region, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he. may specify in the notification. (2) Any direction given under sub-paragraph (1) of this paragraph may be given so as to have retrospective effect." It is clear from this provision, read with para 3 (1) (a) already, reprodu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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