Social Scientist. v 3, no. 33 (April 1975) p. 67.


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NOTES 67

which, after the Twentyfifth Amendment is free from any challenge under Articles 14, 19 or 31.

Article 31 (1) is intended to be a safeguard against executive inroads except under the authority of law, that is, by law vaildly made by organs competent to make it. And once a person is duly deprived of his property by the authority of law. Article 19 does not come into the picture at all. What this authority of law through which a person can be deprived of his property is laid down in Article 31 (2). It is acquisition or requisition of property, except where such acquistion or requisition is not such as contemplated in Article 31 (2) (A) for a public purpose and on payment of compensation 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. However, though 31(2) regulates deprivation except under the stipulations laid down, it is not a shield to cases covered by Articles 31 (4), 31 (5) and 31 (6). In substance, subject to the exceptions made in Articles 31 (4), 31 (5) and 31 (6) and to the mode of deprivation prescribed under Article 31 (2), a person has the right "to acquire, hold and dispose of property" in any manner by engaging himself in any profession, occupation, trade or business of his choice subject to such reasonable restrictions as may be imposed under article 19 (5).

Insulating Agrarian Reforms

Articles 31A, 31B and 31C although placed under "Right to Property", actually form further exceptions to the rule that a person cannot be deprived of his property except under recourse to Article 31. But Article 31A is intended to apply to the acquisition by the state of private agricultural land and other rights therein for promoting agrarian reform and not for any other purpose. It is also intended to cover other kinds of property as are mentioned in 31A (b), (c), (d) and (e). Article 31A has the effect of insulating certain legislative acts under Articles 31 (2), 19 and 14. The net result is that acts of the character falling within 31A shall not be deemed to be void on the ground that such acts take away or abridge the rights conferred by Articles 14, 19 and 31. Since recourse to 31A is an exceptional step, its operation is restrained by two important provisos: presidential assent for state legislation and payment of compensation at market value for land under personal cultivation and held within the ceiling limits under the relevant state law.

Article 31B is intended to be an additional insulation to legislative measures in the direction of agrarian reform. Independent of 31A, it insulates land reform measures specially mentioned in Schedule^IX. If 31A can save them, so much the better, but if it fails for any reason, land reforms can survive by virtue of 31B. Further, it is not incumbent on the legislature to justify the validity of these measures even if, both under 31A and 31B, the normal justifications to acquire private property for a public purpose and on payment of compensation are totally absent.

Article 31 G is intended to be an explanatory as well as a saving



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