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Questions and Answers
What was the primary legal challenge presented in the Shankari Prasad Singh Deo v. Union of India case of 1951?
What was the primary legal challenge presented in the Shankari Prasad Singh Deo v. Union of India case of 1951?
- The curtailment of the Right to Property by the First Amendment Act, particularly concerning land acquisition without compensation. (correct)
- The validity of the Ninth Schedule and its impact on केंद्र-state legislative powers.
- The violation of free speech rights under Article 19 due to restrictions imposed by the First Amendment Act.
- The introduction of caste-based reservations violating the principle of equality before the law.
How did Articles 31A and 31B, introduced via the First Amendment Act, impact land reform laws in India?
How did Articles 31A and 31B, introduced via the First Amendment Act, impact land reform laws in India?
- They broadened the scope of fundamental rights to include the right to property, thereby protecting landowners' interests.
- They mandated that landowners be fully compensated for any land acquired by the government for land reforms.
- They shielded land reform laws from judicial review, preventing them from being struck down for violating fundamental rights. (correct)
- They ensured that land reform laws could be challenged in court only under specific circumstances defined by the judiciary.
What is the main function of the Ninth Schedule of the Indian Constitution?
What is the main function of the Ninth Schedule of the Indian Constitution?
- To enumerate laws that are exempt from judicial review, thereby protecting them from being challenged in courts. (correct)
- To define the powers and responsibilities of the Election Commission of India.
- To specify the procedures for केंद्र-state consultations on legislative matters.
- To list all amendments made to the Constitution regarding fundamental rights.
Which of the following best describes a significant outcome of the Shankari Prasad case regarding the power of the Parliament?
Which of the following best describes a significant outcome of the Shankari Prasad case regarding the power of the Parliament?
How did the First Amendment Act of 1951 address the issue of caste-based reservations in India?
How did the First Amendment Act of 1951 address the issue of caste-based reservations in India?
What broader impact did the Shankari Prasad case have on the interpretation of fundamental rights in India?
What broader impact did the Shankari Prasad case have on the interpretation of fundamental rights in India?
If a law is placed under the Ninth Schedule, what is its immediate legal consequence?
If a law is placed under the Ninth Schedule, what is its immediate legal consequence?
In the context of the Shankari Prasad case, what was the central conflict between the rights of zamindars and the goals of the government?
In the context of the Shankari Prasad case, what was the central conflict between the rights of zamindars and the goals of the government?
Flashcards
Shankari Prasad Case
Shankari Prasad Case
A 1951 case challenging the First Amendment Act regarding the Right to Property.
First Amendment Act, 1951
First Amendment Act, 1951
An act in 1951 that curtailed the Right to Property and added the Ninth Schedule.
Ninth Schedule
Ninth Schedule
A schedule listing laws protected from judicial review, especially land reform laws.
Articles 31A & 31B
Articles 31A & 31B
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Article 31A
Article 31A
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Article 31B
Article 31B
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Other Changes by the 1st Amendment
Other Changes by the 1st Amendment
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Case Background
Case Background
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Study Notes
- The Shankari Prasad Singh Deo v. Union of India, 1951 case was a key moment in Indian constitutional law.
- The case challenged the First Amendment Act, 1951, which curtailed the Right to Property.
First Amendment Act, 1951
- The Ninth Schedule of the Indian Constitution lists laws that cannot be challenged in courts.
- The Ninth Schedule was introduced by the First Amendment Act, 1951.
- It protects laws from judicial review, especially land reform laws.
- Initially, 13 laws were added to the schedule.
- Articles 31A and 31B were inserted into the Constitution.
- These articles shielded land reform laws from judicial review, particularly laws aimed at the acquisition of estates.
- Article 31A stated that any law related to land reforms could not be struck down for violating fundamental rights, particularly the right to property (Article 31).
- Article 31B ensures that the laws specified in the Ninth Schedule, even if they conflict with fundamental rights, will remain valid and enforceable.
- Other changes included restricting free speech under Article 19, and strengthening caste-based reservations by allowing laws for social and educational upliftment.
- The amendment was crucial for India's post-independence land reform efforts aimed at reducing the power of large landowners (zamindars) and redistributing land to the peasants.
Shankari Prasad Singh Deo v. Union of India Case, 1951
- The case arose when Sankari Prasad Singh Deo, a zamindar (landowner) from West Bengal, challenged the First Amendment Act, 1951, which had curtailed the Right to Property.
- The first amendment sought to give the government the power to acquire land from zamindars without compensation, which was contrary to the fundamental rights (Article 19(1)(f) and Article 31) granted in the original Constitution.
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