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Extraordinary Gazette of India · Government of India

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Published 20 April 1972

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E-1344-1972-0020-59704
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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 20] NEW DELHI, THURSDAY, APRIL 20, 1972/CHAITRA 31, 1894

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th April, 1972/Chaitra 31, 1894 (Saka)

The following Act of Parliament received the assent of the President on the 20th April, 1972, and Is hereby published for general informa- tion:—

THE CONSTITUTION (TWENTY-FIFTH AMENDMENT)

ACT, 1971

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows: —

1. This Act may be called the Constitution (Twenty-fifth Amendment)

Short title.

Act, 1971.

2. In article 31 of the Constitution,—

(a) for clause (2), the following clause shall be substituted,

Amend- ment of article Sl.

namely:—

"(2) No property shall be compulsorily acquired or requisi- tioned save for a public purpose and save by authority of a law which provides for acquisition or requisitioning of the property for an amount which may be fixed by such law or which may be determined in accordance with such principles and given in such manner as may be specified in such law; and no such law shall be called in question in any court on the ground that the amount so fixed or determined is not adequate or that the whole or any part of such amount is to be given otherwise than in cash: (79) 80 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II—SIC 1J

Provided that in making any law providing lor the compul- sory acquisition of any property of an educational Institution established and administered by a minority, referred to in clause (1) of article 30, the State shall ensure that the amount fixed by or determined under such law for the acquisition of such pro- perty is such as would not restrict or abrogate the right guaran- teed under that clause.";

(b) after clause (2A), the following clause shall be inserted,

namely: —

"(2B) Nothing in sub-clause (f) of clause (1) of article 19

shall affect any such law as is referred to In clause (2).".

3. After article 31B of the Constitution, the following article shall be

inserted, namely: —

Insertion

of new

article

SIC

Savin*

of laws

giving

effect to

certain

directive

principle*.

"31C. Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing the principles specified in clause (b) or clause (c) of article 39 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, article 19 or article 31; and no law containing a declaration that it is for giving effect to such policy shall be called in question In any court on the ground that it does not give effect to such policy:

Provided that where such law is 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 Presi- dent, has received his assent.".

The above Bill has been passed by the Houses of Parliament In accordance with the provisions of article 368 of the Constitution and has also been ratified by the Legislatures of not less than one-half of the States by resolutions to that effect as required under the proviso to clause (2) of the said article.

K. K. SUNDARAM,

Joint S"cy, to tht Govt. of India.

PRINTED BY THE GENERAL MANA0ER, GOVERNMENT OF INDIA PRESS. MINTO ROAD, NJTVV DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI. 1 9 72
Cite this issue. Extraordinary Gazette of India, Government of India, 20 April 1972. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1972-04-20.E-1344-1972-0020-59704/. Archive identifier in.gazette.csl_extraordinary.1972-04-20.E-1344-1972-0020-59704.