ISSUE:
Whether the provisions of the United Khasi-Jaintia Hills District (Transfer of Land) Act, which regulated the transfer, allotment, occupation, or use of land within the autonomous district, were within the constitutional authority of the District Council?
RULE:
District Councils have no plenary power of legislation. Their legislative powers are limited by the Sixth Schedule of the Constitution.
Para 3 (1) (a) of the Sixth Schedule of the Constitution does not empower District Councils to legislate with respect to transfer of land.
The expression “the allotment, occupation or use, or the setting apart of land” does not take within its fold “transfer of land”