47th Amendment Of Indian Constitution

47th amendment of indian constitution

The Constitution (Forty-seventh Amendment) Act, 1984 is the formal name of 47th Amendment of Indian Constitution. This amendment included 14 land reform acts in the Ninth Schedule. The states of Assam, Bihar, Haryana, Tamil Nadu, Uttar Pradesh, and West Bengal, as well as the union territories of Goa, Daman, and Diu, passed these laws.

Read this article to get in-depth knowledge about the 47th amendment of the Indian constitution.

47th amendment of Indian constitution

This changed the Constitution’s Ninth Schedule. Additionally, the states of Haryana, Bihar, West Bengal, Tamil Nadu, Uttar Pradesh, Assam, and the union territories of Goa, Daman, and Diu all passed 14 laws pertaining to land reform. This was done in order to ensure that the laws won’t be declared invalid on the grounds that they conflict with any of the fundamental rights provisions in Part III of the Constitution.

Proposal and Enactment

The Constitution (Forty-seventh Amendment) Act, 1984 was proposed in the Lok Sabha on August 19, 1983. It was first introduced as the Constitution (Forty-eighth Amendment) Bill, 1983. It was introduced by Harinatha Misra, who was the Minister of State for Rural Development.

On August 22 and 23, the Lok Sabha debated the Bill. The brief title of the legislation was changed to the Constitution (Forty-seventh Amendment) Act, 1984 after it was formally passed on August 23, 1984. Moreover, in the Enacting Formula, the term “Thirty-fourth” shall be replaced with the word “Thirty-fifth.” On August 25, 1984, the Rajya Sabha took the Bill under consideration and approved it as enacted by the Lok Sabha.

Salient Features

Who introduced it? Harinatha Misra, who served as the Ministry of Rural Development’s State Minister at the time presented it.
When was it Introduced? In the Lok Sabha on 19 August 1983
The official name of the Amendment The Constitution (Forty-seventh Amendment) Act, 1984.
Which articles were amended? Schedule 9

See Also – 48th Amendment Of Indian Constitution

Objects and Reasons

1. The Constitution’s Article 31B protects the laws listed in the Ninth Schedule against allegations that they violate any fundamental rights. The immunity does not apply to any modifications made to these Acts after they were added to the Ninth Schedule.

2. When progressive legislation created in the public interest was proven to be in threat by litigation in the past, recourse was available to the Ninth Schedule. The Ninth Schedule already includes a number of State laws concerning land reform and holding limits for agricultural land. The Sixth Five Year Plan (1980–1985) promises that “necessary action would be taken to bring before Parliament land reform Acts not yet included in the Ninth Schedule to the Constitution for immediate inclusion in the said Schedule” and that “the same would be done in the case of future Acts without delay”. This was done to protect these laws from challenge in courts. Some of their Acts have been proposed for inclusion by the state governments of Assam, Bihar, Haryana, Tamil Nadu, Uttar Pradesh, and West Bengal, as well as the administration of the union territory of Goa, Daman, and Diu.
These laws are linked to the land changes in the ninth schedule. Some of the proposed Acts are by way of amendments to Acts, those currently listed in the Ninth Schedule. The examination has been done on the many Acts that have been put out for inclusion. Additionally, it is suggested that the Acts that have either been challenged or are likely to be contested be listed in the Ninth Schedule, so as to prevent litigation from impairing the implementation of these Acts.

3. The Bill aims to accomplish the goal mentioned above.

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Important Provisions

Amendment of the Ninth Schedule-The following Acts(entries No. 189 to 202) have been included in the Ninth Schedule to the Constitution.

189. The Assam (Temporarily Settled Areas) Tenancy Act, 1971 (Assam Act XXIII of 1971).

190. The Assam (Temporarily Settled Areas) Tenancy (Amendment) Act, 1974 (Assam Act XVIII of 1974).

191. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) (Amending) Act, 1974 (Bihar Act 13 of 1975).

192. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1976 (Bihar Act 22 of 1976).

193. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1978 (Bihar Act VII of 1978).

194. The Land Acquisition (Bihar Amendment) Act, 1979 (Bihar Act 2 of 1980).

195. The Haryana Ceiling on Land Holdings (Amendment) Act, 1977 (Haryana Act 14 of 1977).

196. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Act, 1978 (Tamil Nadu Act 25 of 1978).

197. The Tamil Nadu Land Reforms (Fixation of Act Ceiling on Land) Amendment Act, 1979 (Tamil Nadu 11 of 1979).

198. The Uttar Pradesh Zamindari Abolition Laws (Amendment) Act, 1978 (Uttar Pradesh Act 15 of 1978).

199. The West Bengal Restoration of Alienated Land (Amendment) Act, 1978 (West Bengal Act XXIV of 1978).

200. The West Bengal Restoration of Alienated Land (Amendment) Act, 1980 (West Bengal Act LVI of 1980).

201. The Goa, Daman and Diu Agricultural Tenancy Act, 1964 (Goa, Daman and Diu Act 7 of 1964).

202. The Goa, Daman and Diu Agricultural Tenancy (Fifth Amendment) Act, 1976 (Goa, Daman, and Diu Act 17 of 1976).”

Conclusion

The 47th Amendment went into effect on 26 August 1984. This amendment modifies Schedule 9. This adds the Land Reform Act and its amendments to Schedule 9 of the Constitution.

FAQs

47th Amendment Of The Indian Constitution Was Enacted In Which Year Of The Republic Of India

Thirty-fifth Year of the Republic of India

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