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The Fourth Amendment of the Constitution of India, officially known as The Constitution (Fourth Amendment) Act, 1955, restricted property rights and included related bills in Schedule 9 of the constitution. ==Constitutional changes== Section 2 of the 4th Amendment re-enacted clause (2) of article 31. The amendment in the first part of this is somewhat verbal. The generic word ‘property’ has been retained while the words connoting species of property have been dispensed with. The words “taken possession of or acquired” have been replaced by the words “compulsorily acquired or requisitioned” and so have the words “under any law authorising the taking of such possession or such requisition” been substituted by the words “save by authority of a law”. These changes have been made to distinguish the scope of clause (2) from clause (1). Further, the amended clause makes it clear that no property can be compulsorily acquired or requisitioned by the State save for a “public purpose”. Finally, the question of “adequacy” of compensation is made non-justiciable. Section 2 also inserted a new clause (2A) in article 31. It lays down that the obligation to pay compensation under clause (2) will no longer arise unless either the ownership or the right to possession of the individual is transferred to the State or a corporation owned or controlled by the State.〔 Section 3 of the Amendment replaced clause (1) of article 31A with a new clause and the amendment was given retrospective effect. As a result of the amendment, in addition to laws relating to the abolition of zamindari, some more categories of welfare legislation have been taken out from the purview of articles 14, 19 and 31, viz., laws providing for: * The taking over the management of any property by the State for a limited period * The amalgamation of two or more corporations * The extinguishment or modification of rights of persons interested in corporations * The extinguishment or modification of rights accruing under any agreement, lease or licence relating to minerals. Section 3 also enlarged the definition of “estate” in clause (2) of article 31A in order to include not only the interests of “intermediaries” strictly so called but also of “raiyats and under raiyats”. Section 4 amended article 305 to make existing as well as future laws, providing for monopoly trading by the State, immune from attack on the ground of contravention of articles 301 and 303. Section 5 of the 4th Amendment added 7 new enactments in the Ninth Schedule. The effect will be their complete retrospective validation under article 31B.〔 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fourth Amendment of the Constitution of India」の詳細全文を読む スポンサード リンク
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