Constitution of India · Section Article 31
[Compulsory acquisition of property.]
Article 31 — [Compulsory acquisition of property.]
(Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).
Saving of Certain Laws
31A. Saving of laws providing for acquisition of estates, etc.— (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
Plain English Summary
This part of the Constitution allows the State to take over or acquire certain properties or manage them for public good, even if it might affect private property rights. It also protects specific legal provisions related to acquiring estates, managing corporations, and changing management structures.
Key Points
- It permits the State to compulsorily acquire property for public interest or proper management.
- It saves certain laws that deal with the acquisition of estates, corporate amalgamation, and rights of corporate managers.
- These provisions operate notwithstanding restrictions placed on property rights found in Article 13.
Why It Matters
This article provides a legal framework for the government to intervene in property matters when necessary for public welfare or proper administration of corporations.
Landmark Judgements
No major landmark judgements.