Fourth Constitutional Amendment Act 1955

Fourth Constitutional Amendment Act 1955

The Constitution (Fourth Constitutional Amendment)Act,1955 is very important for the purpose of the study. Because through the 4th amendment of the constitution there were very important changes done in the Constitution lets discuss the Fourth Constitutional Amendment Act 1955 in detail with some important points.

Purpose of Fourth Constitutional Amendment:-

Amend articles 31,31A, and 305  of, and the Ninth Schedule to the Constitution.

Article 31

  • Compulsory property shall be deprived of his property save by authority of law.
  • No property shall be compulsorily acquired or requisitioned save for a public purpose and save the authority of a law which provides for acquisition of the property for an amount which shall be fixed by such law, and no such law be called in question in any court on the ground that the amount so fixed is not adequate.

In Kameshwar Singh v. the State of Bihar.

The Bihar Land Reforms Act 1950 was held invalid under there Article 14 for it classified the zamindars in a discriminatory manner for the purpose of compensation.

The central Government added into the Constitution, a new provision. –

Article 31A provides for the acquisition by the state of any estate or of any rights therein, or for the extinguishing or modifying any such rights, no law would be void on the ground of any inconsistency with any of the fundamental rights contained in the Articles 14, 19, and 31.

Article 31 A Saving of stated – Notwithstanding anything contained in Article 13, no law providing for

  • The acquisition by the state of any estate or any rights therein shall be void by nd that it is inconsistent with or takes away or bridges any fundamental rights

  • Estate means any land held or let for purposes of agriculture

  • The deprivation of property referred to in clause (1) is to be construed in the widest sense as including any curtailment of a right to property,

  • Even where it is caused by the purely regulatory provision of law and is not accompanied by acquisition or taking possession of that or any other property right by the state, law, in order to be valid according to these decisions, has to provide for compensation under clause (2) of the article.

  • While the abolition of zamindaris and the numerous intermediaries between the State and the tiller of the soil has been achieved, for the most part, our next objectives in land reform are the fixing of limits to the extent of agricultural land that may be owned or occupied by any person, the disposal of any land held in excess of the prescribed, maximum and the further modification of the rights of landowners and tenants in agricultural holdings

  • The proper planning of urban and rural areas requires the beneficial utilization of vacant and wastelands the clearance of slum areas.

  • In the interest of the national economy, the State should have full control over the mineral and oil resources of the country, including, in particular, the power to cancel or modify the terms and conditions of prospecting licenses and similar agreements. This is also necessary in relation to public utility undertakings that supply power, light, or water to the public under licenses granted by the state.

  • A recent judgment of the Supreme Court in Sanghir Ahmed v. the State of U.P. has raised the question of whether an Act providing for a State monopoly in a particular trade or business conflicts with the freedom of trade and commerce guaranteed by Article 301 but left the question undecided

  • Clause (6) of Article 19 was amended by the Constitution (First Amendment) Act in order to take such State monopolies out of the purview of sub-clause (g) of clause (1) of that article.

  • But no corresponding provision was made in Part XIII of the Constitution with reference to the opening words of Article 301. Fourth Amendment Act,1955 (What amendment did in the Fourth Amendment Act)
  • Made the scale of compensation given in lieu of compulsory acquisition of private property beyond the scrutiny of courts.
  • Authorized the state to nationalize any trade.
  • Included some more Acts in the Ninth – Schedule.
  • Extended the scope of Article 31A (Saving of laws).

Article 31A.  Saving of laws providing for the acquisition of state, etc (1) Notwithstanding anything contained in Article 13, no law providing for

(a)the acquisition by the State of any estate or of any rights therein or the extinguish or modification of baby such rights, or

(b)the taking over of management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or

(c)the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or

(d)the extinguish or modification of any rights of managing agents, secretaries, and treasurers, managing directors, directors or managers of corporations, or of any voting rights fo shareholders thereof, or

(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineal oil, or the premature termination or cancellation of any such agreement, lease, or licence, shall be deemed to be void on the ground that it is inconsistent with or takes away or bridges anby of the rights conferred by Article 14 or Article 19: Provided that where such law is a law made by the legislature of a Statae, the provision of this article shall bot apply thereto unless suchlaw, hacugn been reserved for the consideration of the president has received his assent: Providedn further that where any law makes aby provision for the acquisition by the State of any estate and whee aby land comprised therein is held by a person under his personal cultivaatrion, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the rime being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall norbelaess that the market value thereof.

Now you hardly have any questions about Fourth Constitutional Amendment Act 1955.




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