Jammu And Kashmir Public Service Commission(JKPSC) & Union Public Service Commission(UPSC). ************************ The 44th Amendment, 1978. While The Congress Govt. For Over A Quater Of A Century Had Eaten Into The Vitals Of Art.31(2) By Successive Amendments Before. It was left to the JANATA GOVT. to eliminate the right of property altogether from the list of Fundamental Rights in Part III.This has been effected by the 44th Amendment Act 1978. (a).Art.19(1)(f) has been repealed < Right of property> (b).Art.31(1) has been taken.out of Part III,and made a seperate Article,viz,300A,which reads as follows No person shall be deprived of his property save by authority of law. The word law which figures in Art.300A of the constitution would mean a validity enacted law and in order to be a valid law it must be just,fair and reasonable. The result in short ,is that if an individuals property is taken away by a public official without legal authority or in excess of the power conferred by law in this behalf,he can no longer have speedy remedy direct from the Supreme Court Under Art.32 (becz the right under Art.300A is not a fundamental right).He Shall have to find his remedy from the HC under Art.226 or by an ordinary suit. (c).Cls.(2A)----(6) of Art. 31 have been omitted. (d).Cl.(2) of Art. 31 has been.omitted ,but its proviso has been transferred to Art. 30,as Cl. (1A) to the Article. (e).Though Art.31 itself has been deleted ,Art.31A which was orginally inserted as an exception to Art. 31 has been retained,with the omission of any refrence to Art.31. KAS IAS.
Posted on: Wed, 29 Oct 2014 11:22:37 +0000
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