CategoryPart III

Article 32A – Constitutional validity of State laws not to be considered in proceedings under article 32 [Repealed]

1[32A. Constitutional validity of State laws not to be considered in proceedings under article 32

[Repealed by the Constitution (Forty-third Amendment) Act, 1977 , section 3 (w .e.f . 13 – 4 – 1978 )]]

 


 

1. Inserted by the Constitution (Forty-second Amendment), Act, 1976, section 6 (w.e.f. 1-2-1977).

 

 

Article 32 – Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Com by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction ill or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Article 31D – Saving of laws in respect of anti-national activities [Repealed]

[Rep. by the Constitution (Forty-third Amendment) Act, 1977, section 2 (w.e.f. 13. 4.1978).]]

 


 

1. Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 5 (w.e.f. 3-1-1977).

Article 31C – Saving of laws giving effect to certain directive principles

1[ Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing 2 [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 3 [article 14 or article 19] 4 [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.] ]


1. Inserted by the Constitution (Twenty-fifth Amendment) Act, 1971, section 3 (w.e.f. 20-4-1972).

2. Substituted by the Constitution (Forty-second Amendment) Act, 1976 section. 4, for “the principles specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. V. Union of India , (1980) 2 SCC 591.

3. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 8, for “article 14, article 19 or article 31” w.e.f. 20-6-1979.

4. In Keshavananda Bharati v. The State of Kerala, (1973) Supp SCR 1, the Supreme Court held the provision in italics to be invalid.

Article 31B – Validation of certain Acts and Regulations

1[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.]


1. Inserted by the Constitution (First Amendment) Act, 1951, section 5 (w.e.f. 8-6-1951).

Article 31A – Saving of laws providing for acquisition of estates, etc.

1[ 2[(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 Stale 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 by3[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:]

4[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,-

5[(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 of6[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 villageartisans;]

(b) the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder,7[raiyat, under – raiyat] or other intermediary and any rights or privileges in respect of land revenue.] ]


1. Inserted by the Constitution (First Amendment) Act, 1951, section 4 (with retrospective effect).

2. Substituted by the Constitution (Fourth Amendment) Act, 1955, section 3 for clause (1) (with retrospective effect).

3. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, section 7, for “article 14, article 19 or article 31” (w.e.f. 20-6-1979).

4. Inserted by the Constitution (Seventeenth Amendment) Act, 1964, section 2 (w.e.f. 20-6-1964).

5. Substituted by the Constitution (Seventeenth Amendment) Act, 1964, section 2, for sub-clause (a) (with retrospective effect).

6. Substituted by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), section 4, for “Madras” (w.e.f. 14-1-1969).

7. Inserted by the Constitution (Fourth Amendment) Act, 1955, section 3 (with retrospective effect).

Article 31 – Compulsory acquisition of property [Repealed]

1[***]

[Repealed by the Constitution (Forty-fourth Amendment) Act, 1978 , section. 6 (w.e.f. 20.6.1979).]

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1. The sub-heading “right to Property” omitted by the Constitution (Forty-fourth Amendment) Act, 1978, section 5 (w.e.f. 20-6-1979).

Article 30 – Right of minorities to establish and administer educational institutions

( 1 ) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

1[(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]

(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.


1. Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, section 4 (w.e.f. 20-6-1979).

Article 29 – Protection of interests of minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them,

Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.