Article 31 of CoI : Article 31: Compulsory acquisition of property: Omitted.

Explanation using Example

Example 1:

Before the Forty-fourth Amendment in 1978, imagine the government decided to build a new highway that would pass through a village. To construct the highway, the government needed to acquire land from the villagers. Under the original Article 31, the government had the power to compulsorily acquire property for public purposes, but it had to provide compensation to the landowners.

However, after the Forty-fourth Amendment, Article 31 was omitted. Now, the government still has the power to acquire land for public purposes, but the process and rights of the landowners are governed by other laws, such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This ensures that landowners receive fair compensation and have a say in the acquisition process.

Example 2:

Consider a scenario where the government wants to acquire land to build a new school in a rural area. Before the Forty-fourth Amendment, Article 31 allowed the government to compulsorily acquire the land, provided they compensated the landowners. This meant that the landowners had limited options to contest the acquisition.

Post the Forty-fourth Amendment, with Article 31 omitted, the land acquisition process is now more transparent and fair. The government must follow the procedures laid out in the Land Acquisition Act, 2013, which includes conducting a social impact assessment, obtaining consent from a certain percentage of affected families, and ensuring fair compensation. This change empowers landowners and ensures their rights are protected during the acquisition process.