25th Constitutional Amendment Act, 1971
25th Constitutional Amendment Act, 1971
Background:
Before the 25th Amendment, the Supreme Court of India, in the Kesavananda Bharati case (1973), dealt with the balance of power between Parliament’s authority to amend the Constitution and the fundamental rights guaranteed under Part III.
However, the 25th Amendment was enacted before the Kesavananda Bharati judgment, aiming to strengthen the government’s power to implement land reforms and restrict the right to property.
Key Features of the 25th Amendment:
Restriction on Right to Property:
The amendment curtailed the Fundamental Right to Property (Article 31).
It gave the Parliament the power to acquire private property for public purposes without being liable to pay compensation.
It stated that the compensation payable cannot be challenged as inadequate by any court.
Change in Article 31:
Originally, Article 31 gave people the right to compensation when their property was acquired by the State.
The 25th Amendment modified Article 31 to limit the courts’ power to review adequacy of compensation.
The courts could not question the amount of compensation fixed by the government.
Insertion of Article 31C:
Article 31C was introduced to protect laws giving effect to the Directive Principles of State Policy (especially Articles 39(b) and 39(c) about equitable distribution of resources) from being challenged on the ground that they violate fundamental rights.
It provided that if a law is made to implement the principles laid down in Articles 39(b) and 39(c), it cannot be challenged for violating the right to equality (Article 14) or freedom of speech and expression (Article 19).
Purpose of the Amendment:
To empower the State to carry out land reforms and social justice programs without being hindered by fundamental rights protections related to property.
To uphold the Directive Principles of State Policy over Fundamental Rights when it comes to social and economic justice.
Significance and Impact:
The 25th Amendment was one of the earliest amendments that attempted to restrict Fundamental Rights in favor of the Directive Principles.
It led to intense debates about the scope of Parliament’s power to amend the Constitution.
The Supreme Court, in the Kesavananda Bharati case (1973), later ruled that Parliament could amend any part of the Constitution but cannot alter its basic structure, which put limits on amendments like the 25th.
Summary:
| Aspect | Before 25th Amendment | After 25th Amendment |
|---|---|---|
| Right to Property (Article 31) | Protected with right to compensation | Compensation amount cannot be challenged |
| Power of Parliament | Limited in restricting Fundamental Rights | Parliament empowered to acquire property for public purpose without adequate compensation being questioned |
| Directive Principles vs. Rights | No clear supremacy | Laws implementing Articles 39(b) and 39(c) protected from challenges |
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