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Right to Property after Forty-Fourth Amendment

By Mr. Justice A. M. Bhattacharjee

Published In

Air 1982

The Property Clauses in the Constitution of India contained in Art. 19 (1) (f) and Article 31, have been repealed by S. 2 and S. 4 of the Constitution (Forty-fourth Amendment) Act, 1978, with effect from the 20th June, 1979 [Notification No. GSR 383 (E), dated 19th June, 1979, — Gazette of India, Extra-ordinary, Part II, Section 3 (1), dated June 19, 1979]. The reasons for these amendments were stated in the Statement of Objects and Reasons and in the Notes on Clauses accompanying the Bill for the Forty-fourth Amend-ment Act as hereunder :—  "It is, therefore, proposed that certain changes in the Constitution which would have the effect of ......... abridging or taking away fundamental rights...........Can be made only if they are approved by the people of India by a majority of votes at a referen-dum in which at least fifty-one per cent of the electorate participate. Article 368 is being amended to ensure this.  In view of the special posi ....

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