Part III - Fundamental Rights • Article

Article 31A Simplified: Saving of laws providing for acquisition of estates, etc

Article 31A protects certain land reform and property-related laws from being struck down just because they conflict with Article 14 or Article 19. It was added to help the government carry out land reforms after independence, especially laws dealing with estates, zamindari abolition, and related property changes.

Official Text

[(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 [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:] [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,- [(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) anyjagir, inam or muafi or other similar grant and in the States of [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, sub-proprietor, under-proprietor, tenure- holder, [raiyat, under-raiyat] or other intermediary and any rights or privileges in respect of land revenue.]

Simple Meaning

Explain Like Ten

Article 31A is like a shield for state rules about land. It says that if the government takes away large estates to share them with poor farmers, the owners cannot stop it using basic rights rules.

Student Mode

Inserted by the 1st Constitutional Amendment (1951) to protect agrarian land reforms, nationalization of estates, and public control of corporations from being declared invalid under Articles 14 and 19.

Example

A law abolishing a large estate system and redistributing land could get protection under Article 31A if it falls within the categories mentioned in the article.

Key Takeaway

Article 31A protects specific land reform and property laws from some Fundamental Rights challenges.

FAQs

Why was Article 31A inserted?

It was inserted to prevent landlords from blocking crucial post-independence land reforms and estate acquisition in court.

Which amendment introduced Article 31A?

It was introduced by the 1st Constitutional Amendment Act in 1951.

Quiz

Which amendment inserted Article 31A?

Answer: 1st Amendment

Article 31A primarily protects laws relating to what subject?

Answer: Land reforms and estates