Fourth Amendment Act, 1955 of Indian Constitution

In the year of 1955, an amendment was made to Indian constitution to modify several provisions of the constitution. Basically in the original text of proposal there were a presence of some inconsistencies and ambiguities which were being eliminated by this Fourth Amendment Act, 1955. So, this amendment act introduced some various number of proposals to modify some of the provisions of the Constitution of India. So this was a significant amendment to the Indian Constitution that was passed by the Indian Parliament to address certain challenges faced by the government of India and corresponding State governments in implementing land reformations and acquiring estates of the zamindars.

This amendment added several provisions to the Constitution of India, including “Article 31A” and “Article 31B”, which were provided for the protection of laws related to the acquisition of estates and the payment of compensation for such acquisitions. It also weakened the protection of property rights in India and increased the role and power of the executives in the appointment process of judges and other judicial officials, which has been subject to various criticisms. Despite these criticisms, the Fourth Amendment Act had a significant impact on the implementation of land reformation policies and the redistribution of land to the landless peasants and its legacy continues to be debated in India today also.

Some Key Proposals of this Fourth Amendment Act

1. Amendment of Article 31: This Fourth Amendment Act, 1955, amended the “Article 31” of the Indian Constitution. It is amended to deal with property rights. This amendment removed the fundamental right over the property and made it as a legal right.
2. Insertion of Article 31A: This amendment act inserted “Article 31A” into the Indian Constitution. This was provided to give the protection of laws related to the acquisition of estates and the payment of compensation for such acquisitions.
3. Insertion of Article 31B: This amendment act also inserted “Article 31B” into the Indian Constitution. This was provided to validate the certain laws related to land reforms that had been enacted by various state governments of India.
4. Amendment of Article 39(b): This amendment act amended “Article 39(b)” of the Indian Constitution. This was introduced to deal with the directive principles of state policies. The amendment added a new clause that  the state governments were required to ensure that any operation to the economic system must not result in the concentration of wealth and resources to the common detriment.
5. Amendment of Article 74: This amendment act also amended “Article 74” of the Indian Constitution to deal with the council of ministers. This amendment increased the role and power of the executives in the appointment of judges and other judicial officials.
6. Insertion of Article 368(3): This amendment act also inserted “Article 368(3)” into the Indian Constitution to provide the power that a constitutional amendment could not be challenged by anyone on the grounds that it violated any of the fundamental rights guaranteed by the Constitution of India.  

The History Behind Article 31A

“Article 31A” of the Constitution of India was added by the Fourth Amendment Act, 1955. The aim was to provide the protection of laws related to the acquisition of estates and the payment of compensation for such corresponding acquisitions. The history behind Article 31A was had a direct relation to the Zamindari Abolition Act of 1950. This act was enacted by the Government of Uttar Pradesh to abolish the zamindari system and acquire the estates of the zamindars.

Now, this Zamindari Abolition Act was challenged in the courts on the grounds that this act had violated the fundamental rights to property guaranteed by the Constitution of India. The Supreme Court of India, in its judgment in the case of State of Bihar vs Kameshwar Singh, held that the rights to property was a fundamental right and so that the state could not acquire any property without paying adequate compensation to the owner. This judgmental order of Supreme Court of India posed a challenge to the government, which was keen to implement land reforms and redistribute land to the landless peasants. Now to bypass this order the government of India understood that there was a immediate need of amending an act to the Constitution for the acquisition of property without  paying the running market value compensations to the land owners.

So, the India Government passed the Fourth Amendment Act in 1955 for addressing this challenge. “Article 31A” was added to the Constitution of India which was explicitly provided for the protection of laws related to the acquisition of estates and the payment of compensation for such corresponding acquisitions. By adding this article the government is now able to acquire properties at a lower rate of compensation than the running market value and also to provide for the payment of compensation in the forms of bonds or annuities.

Criticism of the Fourth Amendment Act

The Fourth Amendment Act, 1955, had been subject to various criticisms over the years from its amendment. One of the main criticisms of this act is that it weakened the protection of property rights of the owners in India. The amendment removed the right to property as a fundamental right and made it a legal right i.e. the state governments could acquire properties without having to pay adequate compensation.

Another important criticism of this act is that it violated the basic principles of democracy. The amendment increased the role and power of the executives in the appointment of judges and other judicial officials, which decreases the independence of the judiciary.

Also the insertion of “Article 31A”  and “Article 31B” that were provided for the protection of laws related to land reforms and the validation of certain state laws related to land reforms, had also been criticized. Critics made an argument that these provisions enabled the state governments to acquire property at a very lower rate of compensation than the running market value and to provide for the payments of compensation in the form of bonds or annuities that deprived landowners of their right to adequate compensation.

Finally, the amendment had been criticized for its contrast impact on the rights of marginalized communities. Critics made an argument that the amendment enabled the state to acquire land from marginalized communities without giving them adequate compensations and without proper consultation with the affected communities. It violated their rights to properties and their rights to participate in decision-making processes.

Impact of the Fourth Amendment Act

There are several impacts of this act on the Constitution of India and India’s socio-economical and political landscape which are discussed below–>

1. Weakening of property rights: This amendment removed the rights to properties as a fundamental right and made it a legal right i.e. it weakened the protection of property rights in India.
2. Implementation of land reforms: The addition of “Article 31A” and “Article 31B” provided to the protect the laws related to land reforms and the validation of certain state laws related to land reformations, which paved the way for the implementation of land reforms and the redistribution of land to the landless peasants of India.
3. Increased role of the executive: The amendment increased the role and power of the executives in the appointment process of judges and other judicial officials, which decreased the independence of the judiciary.
4. Strengthening of directive principles of state policy: The amendment added a new clause to Article 39(b) of the Constitution of India, which required the state governments to ensure that any type of operation to the economic system did not result in the concentration of wealth and resources to the common detriment.

FAQs on Fourth Amendment Act

Q1. What are the major changes made by the Fourth Amendment Act, of 1955?

Ans: This amendment act introduced various changes which includes the modification of Articles 31, 31A, 31B, 39(b), and 74 of the Indian Constitution.

Q2. What is Article 31A of the Constitution of India and how did it change after the Fourth Amendment Act, of 1955?

Ans: Article 31A of the Constitution of India was amended by the Fourth Amendment Act, 1955.  It includes new clauses that provided to protect the laws related to the acquisition of estates and the payment of compensation for such acquisitions.

Q3. What was the objective of the Fourth Amendment Act, of 1955?

Ans: The primary objective of the Fourth Amendment Act, 1955, was to modify certain anomalies and inconsistencies that were present in the original text of the Constitution of India.

Q4. Was the Fourth Amendment Act, of 1955, controversial?

Ans: The answer is yes. The Fourth Amendment Act, 1955, was controversial because it was seen that there were an attempt to limit the scope of judicial reviews and increase the power of the executive branches.

Q5. How did the Fourth Amendment Act, of 1955, impact the judiciary in India?

Ans: The Fourth Amendment Act, 1955, amended Article 74 of the Indian Constitution. It  had the controversial effect of increasing the executive’s role and power in the appointment of judges and other judicial officials.

Q6. What was the effect of the Fourth Amendment Act, of 1955, on land reforms in India?

Ans: The Fourth Amendment Act, 1955, protects the laws related to the acquisition of estates and the payment of compensation for such acquisitions. This had the effect of giving much strength to the government to implement land reforms in India.