Legal Question in Constitutional Law in India

constitution of India

4th Amendment Act of constitution of India was passed in the year 1955 with prospective effect and not retrospective effect. Article 31A was added to the constitution, which enables the State Govt. to make laws to acquire the excess land of any person in the public interest without payment of compensation for agrarian reforms. Can a State is empowered to acquire the land of any person, which he had acquired on 14,06.1952 vide registered lease-cium-sale deed, under the umbrella of 4th Amendment Act without payment of compensation by making law in the year 1972 i.e. after about 20 years, terminating all leases entered into on or after 21.05.1952 (when 4th Amendment Act was not in picture)? Please mention the case law if any. And further whether the State can read any prospective amendment to the constitution as retrospective amendment?


Asked on 6/20/08, 7:09 pm

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: constitution of India

1)Provision in the amendment

2)No

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Answered on 6/23/08, 6:19 am
Manish Dhingra Legal

Re: constitution of India

First of all, I think the provision for compensation was there in the amendment.

For the second question, answer is no.

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Answered on 6/20/08, 11:17 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: constitution of India

(1) The provision for the compensation was in the amendment.

(2) No.

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Answered on 6/21/08, 12:48 am


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