deletion of Article 19(l)(f) and Article 31 by the 44th Amendment, the right to be adequately compensated for the deprivation of property continues ... acquired or requisitioned.
19. It was in this background that the 44th Amendment came in doing away with right to property from the fundamental rights
over the
right to property. The right to property, after the
44th amendment of the Constitution of India is only a
constitution/legal right, therefore
today after the deletion of Art. 19(1)(f) by the 44th Amendment Act. However, the Court, no doubt , in that case also held that
territories.
The said clause was introduced as Clause (1A) by the 15th Amendment Act, 1963, in view of the decisions of the Apex Court ... amendment was introduced. Article 226 was drastically amended by Constitution 42nd Amendment Act, 1976. The original position was substantially restored later, by the Constitution 44th
Court on any ground. Clause (5) has been deleted by the 44th Amendment and, therefore, any observations made in the Rajasthan case on the basis ... clause cannot any longer hold good It is arguable that the 44th Constitution Amendment Act leaves no doubt that judicial review is not totally excluded
Seervai have opined that after the Forty-Fourth
Amendment the right to property is better protected than
before1.
61. In Jilubhai Nanbhai Khachar v. State ... treatise Commentary on the Constitution of
India3 observed that after the 44th Amendment Act, 1978 ,
nobody shall have any fundamental right to compensation
under
said clause was introduced as clause (1A) by the 15th
Amendment Act, 1963, in view of the decisions of the Apex
Court in Election Commission ... amendment was introduced. Art.226 was drastically
amended by Constitution 42nd Amendment Act, 1976. The
original position was substantially restored later, by the
Constitution 44th
aforesaid
amendment is contained in Section 3 of the Constitution (44 th Amendment) Act,
1978 . However Section 3 of the 44 th amendment ... have perused the Statement of Objects and Reasons for the
Constitution (44th Amendment) Act, 1978 . There the only reference in the
Statement of Objects
right to property was a fundamental right till the 44th Amendment of the Constitution. Even when Articles 19(1)(f) and 31 were there
failure of the Central Government to bring Section 3 of the 440 amendment is mala fide and whether the Court would be justified in issuing ... question as regards the time for bringing
the provisions of the 44th Amendment into force, it is not for the Court to compel the Government
