Posted November 30, 2013 by advocateguru in Learning Centre
 
 

Constitutional Provisions on Agrarian Land

The First Amendment Act, 1951 inserted Articles 31-A and 31-B into the Constitution. Article 31A was the saving clause where the laws providing for acquisition of estates, etc were saved and it was stated that no law providing for the acquisition by the State of any estate or of any rights therein or for the extinguishment or modification of any such rights 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, any provisions of this Part III of the Constitution. But a law made by the State Legislatures had to be assented by the President.

The article included and expanded:

(a) the expression “estate” and equated it to the meaning in existing law relating to land tenures in force in that area, and shall also include any jagir, inam or muafi or other similar grant;

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

Article 31-B was also added which stated that none of the acts or regulations specified in neither the Ninth Schedule nor any of the provisions thereof shall be deemed to be void on the ground that they are inconsistent with Part III, notwithstanding any judgments, decree or order of any court or tribunal to the contrary. Originally 64 items were added to the Ninth Schedule and more items were added by the 4th, 17th and 29th, 34th, 39th, 42nd Amendment Acts. By the end of the 47th Amendment Act the number of items in the Ninth Schedule became 202 and the 66th Amendment Act added 55 items raising it to 257 items.

All these items related to the governance of land. The land in total was included and hence these items amended had an impact on the agricultural land. The revenue and taxes were applicable to the agricultural land too.


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