TMI Blog1954 (3) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... m collecting rents from the tenants of lands comprising the Jagir of Bedla held by the respondent. The respondent Rao Manohar Singhji is the owner of the Jagir of Bedla situate in the former State of Mewar, now included in the State of Rajasthan. The former State of Mewar was integrated in April, 1948, to form what was known as the former United State of Rajasthan. In April and May, 1949, the latter State was amalgamated with the former States of Bikaner, Jaipur, Jaisalmer and Jodhpur and the former Union of Matsya to form the present United State of Rajasthan. Three Ordinances, No. XXVII of 1948 and Nos. X and XV of 1949, were issued by the former State of Rajasthan in connection with State Jagirs. The management of the Jagirs including the Jagir of Bedla was assumed by the former State of Rajasthan in virtue of the powers under these Ordinances. After the final formation of the State of Rajasthan in May, 1949, the Ordinances remained in force in a part of the present area of Rajasthan with the result that while jagirs in a part -of the area were managed by the State in that area, the Jagirs in the rest of the State were left untouched and remained with the Jagirdars. On 4th Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt was given on 11th December, 1951, but we understand that since then the State has passed Acts abolishing Jagirs throughout the State. The question however is of some importance to the respondent inasmuch as it affects his right of collecting the rents even though for a short period. In appeal it is contended by the learned AttorneyGeneral on behalf of the State of Rajasthan that the decision of the High Court that the impugned section 8-A as amended was hit by article 14 of the Constitution is erroneous. Before deciding the validity of this contention it will be necessary to refer briefly to the relative provisions of the Ordinances. Ordinance No. I of 1948 (the United State of Rajasthan Administration Ordinance, 1948) was made and promulgated on April 28, 1948, by the Rajpramukh of Rajasthan to provide for the administration of the United State ,of Rajasthan after the latter came into existence. On July 26, 1948, Ordinance No. XXVII of 1948, [the United State of Rajasthan Jagirdars (Abolition of Powers) Ordinance, 1948] was made and promulgated by the Rajpramukh providing for the abolition of judicial powers of Jagirdars and executive powers in connection with the judiciary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... void. It becomes therefore necessary to see whether the impugned provision which is discriminatory on the face of it is hit by article 14 which declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India., Such an obvious discrimination can be supported only on the ground that it was based upon,,, reasonable classification. It is now well settled by the decision of this court that a proper classification must always bear a reasonable and just relation to the things in respect of which it is proposed. Judged by this criterion it seems to us that the discrimination is based on no classification at all and is manifestly unreasonable and arbitrary. The classification might have been justified if the State had shown that it was based upon a substantial distinction, namely that the Jagirdars of the area subjected to the disability were in some way different to those of the other area of Rajasthan who were not similarly situated. It was perfectly possible for the State to have raised a specific ground in order to get out of the mischief of article 14, that the discrimination was based upon-what the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ict with the 14th Amendment of the Constitution of the United States. Bradley J. held that the equality clause in the 14th Amendment contemplates the protection of persons against unjust discriminations by a State; it has no reference to territorial or municipal arrangements made for different portions of a State. He went on to say:- If a Mexican State should be acquired by treaty and added to an adjoining State or part of a State, in the United States, and the two should be erected into.a new State, it cannot be doubted that such new State might allow the Mexican 1aws and judicature to continue unchanged in the one portion, and the common law and its corresponding judicature in the other portion. Such an arrangement would not be prohibited by any fair construction of the 14th Amendment. It would not be based on any respect of persons or classes, but on municipal considerations alone, and a regard to the welfare of all classes within the particular territory or jurisdiction. This passage which was strongly relied upon by the learned Attorney-General does not advance his case for in the present cage there is no question of continuing unchanged @the old laws and judicature in one p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat State. They were continued on the formation of the new State but there were no District Boards in the other States. The argument that the Jaipur District Boards Act was invalid under article 14 of the Constitution was repelled it being held that the existence of District Boards in Jaipur was for the welfare of all classes within Jaipur that Jaipur had reached a higher stage of development than many of the other States and it would have been a retrograde step to deprive the People living in the former Jaipur State of the benefits -of Local Self Government conferred by the District Boards Act. Reliance was placed on the observations of Bradley J. in Frank J. Bowman v. Edward A. Lewis((1) 101 U.S. 22 ; 25 Law. Ed. 989) in connection with the illustration of the Mexican State and* the learned Chief Justice referred with approval to the decision under appeal before us. In the second case the attack was on the alleged discriminatory provision contained in the Mewar Tenancy Act and the Land Revenue Act. Under these Acts the rent rates had been approved by the Board of Revenue and the Government and they were alleged to be detrimental to the interests of the Jagirdars. The Jagirdars ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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