CASE BRIEF

CASE NAME AND CASE LAW:

Shyam Narayan Chouksey v. Union of India. (Civil Appeal No.

(1981) 2 SCC 362); (Maharashtra Agricultural Lands (Ceiling
on Holdings) Act 1962)

FACTS:

An Act called Maharashtra Agricultural Lands (Ceiling on

Holdings) Act 1962, imposed a ceiling on agricultural lands.
The validity of these Acts were challenged before the Bombay
High Court on the ground that they take away the fundamental
rights

ISSUE:

Whether this act can be challenged on the ground of being

inconsistent with the fundamental rights of the citizens?

JUDGEMENT:

The Hon’ble Supreme Court on November 13, 1980, by a five-

judge bench of Justice Chandrachud, Justice V.R Krishna Iyer,
Justice V.D. Tulzapurkar, Justice A.P. Sen and Justice
Bhagwati held Acts which have been included after the date of
Keshavananda Bharati judgment shall be open to scrutiny on
the ground and will not automatically receive the blanket
protection of the Ninth Schedule. Therefore the Acts and
regulations added after the said date can only find themselves
placed in the Ninth Schedule if they can satisfy that they do not
harm the basic structure of the constitution.