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ARTICLE 31A, 31B, 31C OF CONSTITUTION OF INDIA 1949

What is Saving of laws providing for acquisition of estates, etc? What is Validation of certain Acts and Regulations? What is Saving of laws giving effect to certain directive principles? Article 31A, 31B and 31C of Constitution of India, 1949

Saving of laws providing for acquisition of estates, etc, Validation of certain Acts and Regulations and Saving of laws giving effect to certain directive principles are defined under Article 31A, 31B and 31C of Constitution of India 1949. Provisions under these Articles are:

Article 31A of Constitution of India "Saving of laws providing for acquisition of estates, 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 extinguishment or modification of any such rights, or
(b) the taking over of the 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 extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or

(e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or license for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or license, 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 or Article 19]:

Provided that where such law is a law 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:

Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, 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 time 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 not be less than the market value thereof.

(2) In this article,-

(a) the expression "estate", shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include-

(i) any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;

(ii) any land held under ryotwary settlement;

(iii)any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural laborers and village artisans;

(b) the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under- raiyat or other intermediary and any rights or privileges in respect of land revenue.

Article 31B of Constitution of India "Validation of certain Acts and Regulations"

Without prejudice to the generality of the provisions contained in Article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

Article 31C of Constitution of India "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 all or any of the principles laid down in 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 or Article 19 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 effect 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.

Constitution of India 1949

What is Prohibition of traffic in human beings and forced labor? What is Prohibition of employment of children in factories, etc.? Article 23 and 24 of Constitution of India, 1949

What is Freedom of conscience and free profession, practice and propagation of religion? What is Freedom to manage religious affairs? Article 25 and 26 of Constitution of India, 1949

What is Freedom as to payment of taxes for promotion of any particular religion? What is Freedom as to attendance at religious instruction or religious worship in certain educational institutions? Article 27 and 28 of Constitution of India, 1949

What is Protection of interests of minorities? What is Right of minorities to establish and administer educational institutions? Article 29 and 30 of Constitution of India, 1949

What is Saving of laws providing for acquisition of estates, etc? What is Validation of certain Acts and Regulations? What is Saving of laws giving effect to certain directive principles? Article 31A, 31B and 31C of Constitution of India, 1949

What is Remedies for enforcement of rights conferred by this Part? What is Power of Parliament to modify the rights conferred by this Part in their application? Article 32 and 33 of Constitution of India, 1949

What is Restriction on rights conferred by this Part while martial law is in force in any area? What is Legislation to give effect to the provisions of this Part? Article 34 and 35 of Constitution of India, 1949

What are the Definitions of Directive Principles Of State Policy? What are the of the principles contained in this Part? Article 36 and 37 of Constitution of India, 1949

What is the meaning State to secure a social order for the promotion of welfare of the people? What is the meaning Certain principles of policy to be followed by the State? Article 38 and 39 of Constitution of India, 1949

What is the Equal justice and free legal aid? What is Organization of village panchayats? Article 39A and 40 of Constitution of India, 1949

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