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. Short title.-This Act may be called the Constitution (Twenty-fifth Amendment) Act, 1971.
2. Amendment of Article 31.-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:
Provided that in making any law providing for the compulsory 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 property is such as would not restrict or abrogate the right guaranteed under that clause.";
(b) after clause (2-A), the following clause shall be inserted, namely:-
"(2-B) Nothing in sub-clause (f) of clause (1) of Article 19 shall affect any such law as is referred to in clause (2)."
3. Insertion of new Article 31-C.-After Article 31-B of the Constitution, the following article shall be inserted, namely:-
"31-C. Saving of laws giving effect to certain directive principles.-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 President, 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.