Article 31: Compulsory acquisition of property (Omitted) - Constitution of India

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Article 31: Compulsory acquisition of property (Omitted) - Constitution of India

Article 31: Compulsory acquisition of property (Omitted) - Constitution of India

This Article was deleted from the Constitution by the Constitution (Forty-fourth Amendment) Act, 1978, and a modified version was inserted as Article 300A.

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Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).


Explanation of Article 31: Compulsory acquisition of property (Omitted) - Constitution of India

Article 31 of the Constitution of India dealt with compulsory acquisition of property by the state. However, it was omitted through the Constitution (Forty-fourth Amendment) Act, 1978 which came into effect on June 20, 1979.

Key aspects of the original Article 31

The key aspects of the original Article 31 before it was omitted were:

Reason for omission

The article was omitted mainly due to the complex judicial interpretations and controversies around it. Some of the key reasons were:

Impact of omission

Omitting Article 31 and removing the restrictions on compulsory acquisition narrowed down the scope of judicial review of land acquisition laws. After this, the grounds to challenge a land acquisition law were limited. It provided greater power to the state governments to acquire land without effective oversight from courts. However, it also eliminated much of the controversy and complex case laws around Article 31.

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POLITICAL THEORY NOTES for UPSC/IAS Preparation

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