Seventeenth Amendment Act, 1964 of Indian Constitution

The Seventeenth Amendment of the Indian Constitution brings significant changes, particularly in Article 31A and the Ninth Schedule, impacting land acquisition laws. It establishes limits on state power by ensuring fair compensation for personal cultivation land and redefines the term “estate” to cover various land types. The addition of state land laws to the Ninth Schedule aims to safeguard them constitutionally. These amendments aim to balance state authority and individual rights in the context of land ownership. This article provides an overview and explores the implications of the Seventeenth Amendment.

What is the 17th Amendment Act of the Indian Constitution?

The Seventeenth Amendment Act came into effect on June 20, 1964, and enacted the Fifteenth Year of the Republic of India. During this time Jawaharlal Nehru was serving his tenure as the Prime Minister. This constitutional amendment specifically alters Article 31A and Schedule 9 of the Indian Constitution. The amendment to Article 31A mandates that the government must provide compensation equivalent to the market value before acquiring any land used for personal cultivation. Furthermore, the Ninth Schedule underwent modifications by incorporating 44 state legislations related to land matters. 17th Amendment Act aimed to refine the compensation process for acquired land and expand the scope of protected laws in the Ninth Schedule.

Supreme Court Judgment in the 17th Amendment Act of the Indian Constitution

Cases like A.K. Gopalan v. The State of Madras (1950), Sri Sankari Prasad Singh Deo v. Union of India and State of Bihar (1951), Sajjan Singh v. State of Rajasthan (1965), and I.C. Golak Nath & Ors. v. State of Punjab & Anrs. (1967) are crucial in the history of Indian constitutional law.

A.K. Gopalan v. The State of Madras (1950)

This case examined if it’s acceptable to have laws that allow holding someone before they do something wrong. The Supreme Court said it’s okay to have such laws, even if they restrict important rights like the right to life and personal freedom, as long as it’s for keeping the country safe.

Sri Sankari Prasad Singh Deo v. Union of India and State of Bihar (1951)

This case was about Parliament’s power to change the Constitution. The Supreme Court said that Parliament had the full power to amend the Constitution, and nobody could question it, even if it seemed to go against fundamental rights.

Sajjan Singh v. State of Rajasthan (1965)

This case checked if the 17th Constitutional Amendment was okay. The Supreme Court said it was fine, and Parliament could change any part of the Constitution, including Fundamental Rights. They even said that if the people who made the Constitution wanted to keep Fundamental Rights safe, they would have made it clear.

I.C. Golak Nath & Ors. v. State of Punjab & Anrs. (1967)

This case also dealt with Parliament’s power to change the Constitution. The Supreme Court said that Parliament couldn’t do anything it wanted under Article 368. Fundamental Rights couldn’t be taken away or made smaller by changing the Constitution.

Significance of the 17th Amendment Act of the Indian Constitution

The significance of the 17th Amendment Of the Indian Constitution lies its impact on land reforms and laws.

• Protection for State Laws (Article 31A): This part of the Constitution shields state laws about acquiring land or making changes to them. Even if these laws clash with certain rights mentioned in Articles 14, 19, or 31, they won’t be considered invalid.
• Time Limit: The protection given by Article 31A applies only to properties that existed on January 26th when the Constitution started.
• Different Meanings of “Estate”: The term “estate” means different things in different states. In the same state, it can have various meanings due to land transfers during State reorganization.
• Exclusion of Some Lands: Not all land reform laws cover estates. Some state laws were canceled as they lacked the protection of Article 31A and conflicted with Constitutional Articles 14, 19, and 31.
• Proposed Changes in “Estate” Definition: There’s a suggestion to broaden the definition of “estate” in Article 31A. This includes lands under the Ryotwari Settlement and other lands governed by land reform laws.
• Limits on State Acquisition: If a law requires the State to take over an estate, the proposal sets a rule. The State can’t take the part of the estate that someone personally cultivates, as long as it’s within the legal limit defined by existing laws. This includes any buildings on the land.
• Modification of Ninth Schedule: Changes to the Ninth Schedule were made by adding specific state laws related to land reform. This was done to remove any confusion or doubt about the legality of these laws.
• Objective of the 17th Amendment: The main aim of the 17th Amendment to the Indian Constitution is to make these suggested changes, ensuring clarity and alignment with Constitutional principles.

Provisions in the 17th Amendment of the Indian Constitution

The following are the provisions in the 17th Amendment of the Indian Constitution:

1. Amendment of Article 31A

• Introduces a new condition for land acquisition by the state.
• If the law allows state acquisition for personal cultivation, it can’t exceed legal limits.
• Restrictions include not surpassing the specified ceiling limit or taking buildings and structures.
• If acquisition is permitted by law, fair compensation, at least equal to market value, is mandatory.

2. Redefinition of “Estate” in Clause (2)(a)

• Broadens the scope of the term “estate.”
• Now includes various land grants and agriculture-related rights.
• Encompasses jagirs, inams, muafis, janmam rights, Ryotwari village land, and areas for agricultural use.
• Covers wasteland, forest land, pasture, and locations with buildings occupied by cultivators, laborers, and artisans.

3. Amendment of Ninth Schedule

• The Ninth Schedule became lengthy after adding many laws from different states, and these laws cover different aspects of land rules.
• Some important additions include laws about how much land a person can have in Andhra Pradesh, rules about renting and approving farmlands in Telangana, stopping certain land ownership rights in Gujarat, and changing land rules in Maharashtra.
• Other states also added their laws of land to the 9th Schedule. These other states were, Madhya Pradesh, Tamil Nadu, Rajasthan, Uttar Pradesh, West Bengal, etc.
• The aim of these additions were to protect these laws under the constitution by also making sure they can’t easily be challenged in court. This protection helps these laws stay valid and effective.

Conclusion

The 17th Amendment of the Indian Constitution brings important changes to balance state power and individual rights in land acquisition. It refines Article 31A and broadens the Ninth Schedule to include various state land laws. The goal is to bring clarity, protection, and alignment with constitutional principles. These amendments address specific challenges in land reform and acquisition, promoting a more balanced and legally strong approach.

FAQs – 17th Amendment Act of the Indian Constitution

1. What is Seventeenth Amendment Act 1964 in Indian Constitution?

The Seventeenth Amendment Act of 1964 in the Indian Constitution pertains to the modification of certain provisions related to the election of the President and Vice President of India. It introduced changes to the method of election, ensuring a more streamlined and effective electoral process.

2. What is the case of 17th Amendment of Indian Constitution?

The Seventeenth Amendment of the Indian Constitution is not associated with a specific legal case. Instead, it refers to a legislative amendment that brought about changes in electoral procedures for the President and Vice President of India in 1964.

3. What is the Amendment Act of 1964?

The Amendment Act of 1964 refers to the 17th Amendment Act of the Indian Constitution. This amendment focused on refining the election procedures for the President and Vice President of India.

4. What is the importance of the 17th Amendment Act of the Indian Constitution?

The significance of the 17th Amendment Act of the Indian Constitution lies in the changes of election process of the President and Vice President. It replaced the system of proportional representation by means of a single transferable vote with a more direct and simpler method, that improved the democratic process by aligning it more closely with the will of the people in choosing these key officials.

5. Why the 17th Amendment?

The 17th Amendment Act of the Indian Constitution was enacted to modify the method of election for the offices of the President and Vice President. It aimed to simplify the process by replacing the existing system of proportional representation through a single transferable vote with a more direct method. The amendment sought to enhance the democratic nature of these elections that made them more aligned with the preferences of the electorate.