Satradhikar, Bengana-Ati vs State Of Assam And Ors. on 2 May, 2000
46. Shri P.G. Baruah, learned Advocate General for the State of Assam has submitted that the Assam State Acquisition of lands belonging to Religious or Charitable Institution of Public Nature Act, 1959 has been included in the IXth Schedule to the Constitution of India. Therefore, it will not be open for the petitioner to challenge the vires and validity of any provision of the Act. In reply, Shri K.P. Pathak, learned counsel for the petitioner has submitted that it is no doubt true that the Act has been placed in the IXth Schedule of the Constitution of India, but the Amending Act No. XIX of 1987 has not been included in the Schedule. He has taken us through the Schedule to indicate that wherever it is intended to protect an amendment as well, such amending Act is also included or placed in the IXth Schedule. Many Amending Acts are mentioned in the IXth Schedule, but not the Amending Act XIX of 1987 introducing Section 25A to the Act. We
find that the submission made on behalf of the petitioner is fortified by the view taken in the decisions of the Apex Court, reported in AIR 1959 SC 459 (Sri Ram v. State of Bombay), AIR 1969 SC 168 (Ramanlal v. State of Gujarat) and (1992) 2 SCC 364 (Kunjukutty v. State of Kerala) as well as (1969) 2 SCC 334 (State of Orissa v. Chandrasekhar). If a provision is amended or added in the statute after the statute was brought in the IXth Schedule, that would not have the protection under Article 31B of the Constitution unless such subsequent amendment is also protected by placing it in the Schedule.