[Compulsory acquisition of property.] — Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
PART III FUNDAMENTAL RIGHTS · Cultural and Educational Rights
Article 31: Compulsory acquisition of property
Leading cases
- Kesavananda Bharati v. State of Kerala (1973)By seven judges to six, the Court held that Parliament's amending power under Article 368 does not include power to alter its basic structure; it upheld the 24th and 29th Amendments but struck down part of Article 31C.
- Rustom Cavasjee Cooper v. Union of India (1970)The majority struck down the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, which nationalised 14 banks, for hostile discrimination, unreasonable restriction on business and failure to provide compensation under Article 31(2) on relevant principles.
- Kunnathat Thathunni Moopil Nair v. State of Kerala (1960)A flat per-acre land tax levied irrespective of the land's productivity, with an unguided exemption power, violated Articles 14 and 19(1)(f) and was confiscatory; Article 265 does not shield a taxing law from Part III.
- Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955)A pre-Constitution law that became void under Article 13(1) for inconsistency with Article 19(1)(g) was only eclipsed, not dead, and revived against citizens once the First Amendment amended Article 19(6) to remove the inconsistency.
- Rai Sahib Ram Jawaya Kapur v. State of Punjab (1955)The State executive may carry on a trade or business without specific legislation, since its power under Article 162 extends to all matters within State legislative competence; the text book scheme violated no fundamental right of the publishers.
Questions on this article
4 questions in 4 of our papers cite Article 31.