Consider the following statements regarding Article 31A:

1. It doesn't immunise the state law from judicial review unless it has been reserved for the President's consideration and has received his assent.
2. This article doesn't provide the payment of compensation at market value when the state acquires the land held by a person for his personal cultivation.

The correct statement/s is/are:

Question

Consider the following statements regarding Article 31A:

1. It doesn't immunise the state law from judicial review unless it has been reserved for the President's consideration and has received his assent.

2. This article doesn't provide the payment of compensation at market value when the state acquires the land held by a person for his personal cultivation.

The correct statement/s is/are:

Quintessence Classes · Accepted Answer

The correct answer is 1 only. Presidential Assent (Statement 1 is Correct):Article 31A provides a shield against Articles 14 (Equality) and 19 (Six Freedoms). However, there is a specific proviso: if a State law seeks this immunity, it must be reserved for the President's consideration and must receive his assent. Without this, the state law remains vulnerable to judicial review on the grounds of violating Fundamental Rights.Market Value Compensation (Statement 2 is Incorrect):While the original Article 31A didn't mention market value, the 17th Constitutional Amendment Act (1964) added a crucial proviso. It states that if the State acquires land held by a person for personal cultivation and that land is within the statutory ceiling limit, the State must pay compensation at a rate not less than the market value.

Answer

2 only

Answer

Both

Answer

Neither 1 nor 2

Answer & Explanation

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JKPSC JKAS 2023 Prelims

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