What is the 25th Amendment Act?
By Balaji
Updated on: March 2nd, 2023
The 25th Amendment Act shortened the fundamental property right in 1971, and any law passed to carry out the Directive Principle set forth in Article 39(b) or (c) cannot be challenged on the grounds that it violates the rights guaranteed by Articles 14, 19, or 31.
Table of content
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1. 25th Amendment of the Indian Constitution
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2. Goal of the 25th Constitutional Amendment
25th Amendment of the Indian Constitution
It changed Article 31 and added a new Article 31C, making it impossible for people to challenge laws governing the purchase of a property. A fundamental property right was established by Article 31. It specified that anyone who had their property taken by the government was due compensation.
Goal of the 25th Constitutional Amendment
The aim was to change the Supreme Court’s ruling in the case of R.C. Cooper v. Union of India (1970), where the High Court knocked down the ruling, i.e., Banking Companies Act, 1969 (Acquisition and Transfer of Property), because it disobeyed the Indian Constitution. It proved to be a monumental case for the Indian judicial system as it had a major impact.
- As a result, it asked Parliament to pass the 25th Constitutional Amendment, which would have overturned the Supreme Court’s decision.
- On April 20, 1972, the Constitution (Twenty-Fifth Amendment) Act 1971 was passed by Parliament.
- The 25th Constitutional Amendment’s goal was to strip the Supreme Court of its ability to choose the amount of compensation for taking over property for public use.
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