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    Constitutional Provisions 1

    Uploaded by

    Prannoy Shekhar
    Constitutional Provisions in relation to Land Laws In India. Provisions under the Constitution of India which deal with land laws in India.

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    © All Rights Reserved
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    Constitutional Provisions 1

    Uploaded by

    Prannoy Shekhar
    97 views11 pages
    Constitutional Provisions in relation to Land Laws In India. Provisions under the Constitution of India which deal with land laws in India.

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    © © All Rights Reserved

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    PPT, PDF, TXT or read online from Scribd

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    Constitutional Provisions in relation to Land Laws In India. Provisions under the Constitution of India which deal with land laws in India.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    97 views11 pages

    Constitutional Provisions 1

    Uploaded by

    Prannoy Shekhar
    Constitutional Provisions in relation to Land Laws In India. Provisions under the Constitution of India which deal with land laws in India.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 11

    Constitutional Provisions of

    Property

    Fundamental Rights
    Constitution

    Act, 1978

    (44th Amendment)

    Statement of Objects and Reasons

    The right to property, which has been the occasion for


    more than one amendment of the Constitution, would
    cease to be a fundamental right and become only a
    legal right.

    Article-19(1)(f) and Article-31 are deleted.

    It would, however, be ensured that the removal of


    property from the list of fundamental rights would not
    affect the right of minorities to establish and
    administer educational institutions of their choice.

    Savings

    Similarly, the right of persons holding land for personal


    cultivation and within the ceiling limit to receive
    compensation at the market value would not be
    affected.

    Property while ceasing to be a fundamental right,


    would, however, be given express recognition as a legal
    right, provision being made that no person shall be
    deprived of his property save in accordance with law.

    Gazette of India, 15-5-1978

    Article-19(1) (f) and Article-31

    Art.19(1)(f) guaranteed to the Indian citizens a right


    to acquire, hold and dispose of property, subject to
    reasonable restrictions may be imposed by the State
    under Art.19(5)

    Art.31(1) laid down that no person could be deprived


    of his property without the authority of law. This
    provision has been repealed through the 44th
    amendment, but it re-appears in a limited form as
    Art.300A.

    Article-31(2)

    No property shall be compulsorily acquired


    or requisitioned save for a public purpose
    and save by authority of 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,

    Chapter IV Right to Property

    300A. Persons not to be deprived of


    property save by authority of law

    No person shall be deprived of his


    property save by authority of law.

    Other connected Articles:

    Property is an essential ingredient


    religious freedom: [Art.26(c)]

    of

    The freedom of trade and


    guaranteed by Arts.301 to 304.

    Trade and Commerce cannot be carried on


    without property.

    commerce

    Entries in the Constitution:

    Till 7th Amendment, the entries ran as


    follows:

    Entry 33, List I: Acquisition or requisition of


    property for the purposes of the Union

    Entry
    36,
    List
    II:
    Acquisition
    or
    requisitioning of property, except for the
    purpose of Union, subject to the provisions
    of entry 42 of List III

    Entry 42, List III

    Principles on which compensation for


    property acquired or requisitioned for
    the purpose of the Union or of a State
    or for any other public purpose, is to
    be determined, and the form and the
    manner in which such compensation
    is to be given.

    Present Position

    The above entries were deleted by


    the 7th Amendment, which came into
    force

    from

    following

    1.11.1956,

    new

    entry

    and
    42

    the
    was

    substituted in List III: Acquisition


    and Requisitioning of Property.

    Art.26:
    Freedom
    religious affairs

    to

    manage

    Subject to public order, morality and health,


    every religious denomination or any section
    thereof shall have the right-

    (c)

    to

    own

    and

    acquire

    movable

    and

    immovable property

    (d) and to administer such property in


    accordance with the law.

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