AMENDMENT_25_20041972

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Abhay Rana 2015-04-23 12:59:59 +05:30
parent af46e6867d
commit 6104a6676e
1 changed files with 40 additions and 12 deletions

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@ -318,19 +318,29 @@ Right To Property
31. (1) No person shall be deprived of his property
save by authority of law.
Compulsory Acquisition of Property:
(2) No property shall be compulsorily acquired or requisitioned save for a publi
c purpose and save by authority of a law which provides for compensation for the
property so acquired or requisitioned and either fixes the amount of the compen
sation or specifies the principles on which, and the manner in which, the compen
sation is to be determined and given; and no such law shall be called in questio
n in any court on the ground that the compensation provided by that law is not a
dequate.
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:
(2A) 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 o
r requisitioning of property, notwithstanding that it deprives any person of his
property.
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.";
(2A) 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.".
(2B) Nothing in 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,
@ -480,6 +490,24 @@ any competent Legislature to repeal or amend it, continue in force.
THE CONSTITUTION OF INDIA
31C. Saving of laws giving effect to certain directive principles.—
Notwithstanding anything contained in article 13, no law giving effect to the
policy of the State towards securing 1 [all or any of the principles laid down i
n
Part IV] shall be deemed to be void on the ground that it is inconsistent with,
or
takes away or abridges any of the rights conferred by article 14, article 19 or
article 31;
2
and no law containing a declaration that it is for giving effect to such policy
shall be called in question in any court on the ground that it does not give eff
ect
to such policy:
Provided that where such law is made by the Legislature of a State, the
provisions of this article shall not apply thereto unless such law, having been
reserved for the consideration of the President, has received his assent.
32. Remedies for enforcement of rights conferred by this Part.—(1)
The right to move the Supreme Court by appropriate proceedings for the