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.
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.
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