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pratik (self working)     25 March 2011

PLS DONT SAY NO.

Can anybody explain me the artilce 31 a,b,c of te indian consitution of india, 1949 




IN DETAIL PLS 


IF POSSIBLE WITH THE HELP OF A EXAMPLE. 

2[Saving of Certain Laws]
3[31A. 4[(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
licence 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 licence,
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 1[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:]
2[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,—
3[(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 4[Tamil Nadu] and Kerala,
any janmam right;(ii) any land held under ryotwari 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 labourers and
village artisans;]
(b) the expression ''rights'', in relation to an estate,
shall include any rights vesting in a proprietor, subproprietor,
under-proprietor, tenure-holder, 1[raiyat,
under-raiyat] or other intermediary and any rights or
privileges in respect of land revenue.]
2[31B. 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.]
3[31C. Notwithstanding anything contained in article
13, no law giving effect to the policy of the State towards
securing 4[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 5[article 14 or article 19]; 6and 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.

Thanks.



Learning

 3 Replies

Tajobsindia (Senior Partner )     26 March 2011

@ Author

Good que. but not possible to explain in "simple ways" as larger Bench of Hon'ble SC has given various Judgments which itself turns into more than 200 pages and abridging them in simple way is not everyone’s cup of tea !

What is the purpose of your que? Academic or otherwise?

 

Democratic Indian (n/a)     26 March 2011

Simple and real answer: A clever way by the Parliament to grab more power for the State and its corrupt bureacrats, to legitimize/legalize the act of undermining and defeating the original purpose of guarantees under Articles 13, 14 and 19 which were framed on principles of justice, equality, fairness, freedom and liberty.

1 Like

Democratic Indian (n/a)     27 March 2011

"The usual road to slavery is that first they take away your guns, then they take away your property, then last of all they tell you to shut up and say you are enjoying it." -- James A. Donald


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