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Report No. 46

2. Clause 2(a) of the Bill.-

The Bill consists of three clauses. Clause 1 is formal and describes the Bill as the Constitution (Twenty-fifth) Amendment Act, 1971. Clause 2 contains two sub-clauses (a) and (b), and it reads as under:-

"2. In Article 31 of the Constitution,-

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

"(2) No property shall be compulsorily acquired or requisitioned 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,"

(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)".

It is clear that the Bill proceeds on the assumption that the Twenty-Fourth Amendment recently adopted by Parliament is constitutionally valid.

The Constitution (Twenty-Fifth Amendment) Bill, 1971 Back

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