Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 56] [Article 31A] [Constitution]

Constitution Subarticle

Article 31A(2) in Constitution of India

(2)In this article,-
(a)the expression "estate", shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include-
(i)any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;
(ii)any land held under ryotwari settlement;
(iii)any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;
(b)the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.
[Editorial Comment- The Constitution (Fourth Amendment) Act, 1955, The entire Article 31A was realized to be unassailable based on stare decisis, a quietus that should not allow being disturbed. This was declared during the Minerva mills vs Union of India case. The First Amendment in which Article 31A was introduced. While the Fourth Amendment which substituted new clauses to this Article has been held constitutional, in Waman Rao and I R Coelho case. Section 3 of the Constitution (Fourth Amendment) Act, 1955 substituted a new clause (1), sub-clauses (a) to (e) for the original clause (1) with retrospective effect. It does not violate any of the basic or essential features of the Constitution or its basic structure. It was held valid and constitutional within the constituent power of the Parliament of India under the Constitution. ]}}[Editorial Comment-The Constitution (Seventeenth Amendment) Act, 1964, modifies article 31A and schedule 9 of the Indian Constitution. This revision prohibited the acquisition of land used for personal agriculture unless a price equal to the property’s market value was paid. In addition, 44 more Acts were added to the ninth schedule.][Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]