IMPACT ON LAND REFORM LAWS AFTER THE INTRODUCTION OF BASIC STRUCTURE DOCTRINE

We had Article 31 and 19(1)(g) before the 44th Amendment, which gave the fundamental right to property. This was later on removed by the aforesaid Amendment. Having Article 31, the first Amendment brought in Article 31A and 31B, by which the land reform acts were given protection from the fundamental rights guaranteed under article 14 and 19. After the introduction of the doctrine of basic structure, Article 31A and 31B being a part of part III could also be considered as a part of the basic structure. But the very same article gives provisions to override the right to equality and freedom. Isn’t it a clash? This clash was settled by the nine-judges bench by the judiciary. In this article, the constitutional provisions which relates to right to property is discussed along with the impact of the basic structure doctrine in ninth schedule with a jurisprudential point of view.