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Union of India - Section
Section 30 in Constitution of India, 1950
30. Right of minorities to establish and administer educational institutions.
| Prior to its repeal, Article 31 read as under:"31. Compulsory acquisition of property.- (1) No person shall be deprived of his property save by authority of law.(2) No property shall be compulsorily acquired or requisitioned save for a public purpose and save by authority of a law which provides for acquisition or requisitioning of the property for an amount which may be fixed by such law or which may be determined in accordance with such principles and given in such manner as may be specified in such law; and no such law shall be called in question in any Court on the ground that the amount so fixed or determined is not adequate or that the whole or any part of such amount is to be given otherwise than in cash:Provided that in making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1) of article 30, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.(2-A) Where a law does not provide for the transfer of the ownership or right to possession of any property to the State or to a corporation owned or controlled by the State, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property.(2-B) Nothing is sub-clause (f) of clause (1) of article 19 shall affect any such law as, is referred to in clause (2).(3) No such law as is referred to in clause (2) made by the Legislature of a State shall, have effect unless such law, having been reserved for the consideration of the President, has received his assent.(4) If any Bill pending at the commencement of this Constitution in the Legislature of a State has, after it has been passed by such Legislature, been reserved for the consideration of the President and has received his assent, then, notwithstanding anything in this Constitution, the law so assented to shall not be called in question in any Court on the ground that it contravenes the provisions of clause (2).(5) Nothing in clause (2) shall affect-(a) the provisions of any existing law other than a law to which the provisions of clause (6) apply, or(b) the provisions of any law which the State may hereafter make-(i) for the purpose of imposing or levying any tax or penalty, or(ii) for the promotion of public health or the prevention of danger to life or property, or(iii) in pursuance of any agreement entered into between the Government of the Dominion of India or the Government of India and the Government of any other country, or otherwise, with respect to property declared by law to be evacuee property.(6) Any law of the State enacted not more than eighteen months before the commencement of this Constitution may within three months from such commencement be submitted to the President for his certification; and thereupon, if the President by public notification so certifies, it shall not be called in question in any Court on the ground that it contravenes the provisions of clause (2) of this article or has contravened the provisions of sub-section (2) of section 299 of the Government of India Act, 1935." |