Article 369 of the Costitution of India with Case law
🇮🇳 Article 369 of the Constitution of India
Topic: Saving of laws providing for the compulsory acquisition of estates, etc.
(Found in Part XXI – Temporary, Transitional and Special Provisions)
🔹 Text of Article 369 (Simplified):
Article 369 saves (protects) certain laws from being challenged or invalidated just because they were enacted before the commencement of the Constitution.
Specifically, laws relating to the compulsory acquisition of estates or abolition or modification of rights and interests in estates or their revenue.
Such laws will continue to be valid even if they contravene any provisions of the Constitution until Parliament decides otherwise by law.
🧾 Purpose of Article 369:
To protect pre-Constitution land reform laws, especially those dealing with abolition of zamindari (landlordism), tenancy reforms, and land revenue.
Ensures continuity and legal validity of land reform efforts started before 1950.
Prevents courts from invalidating these laws on grounds of fundamental rights or other constitutional provisions until Parliament legislates otherwise.
⚖️ Important Case Laws on Article 369:
🔹 1. Basant Lal v. Union of India, AIR 1958 SC 497
The Supreme Court held that laws passed before the Constitution that abolished zamindari were saved by Article 369.
Such laws cannot be challenged as violating fundamental rights retroactively.
🔹 2. N. C. Chatterjee v. Union of India, AIR 1950 SC 27
Court emphasized the importance of Article 369 in protecting agrarian reforms.
Without this provision, early land reform laws could be struck down for violating property rights under Article 31 (now repealed).
🔹 3. Union of India v. Tulsiram Patel, AIR 1985 SC 1416
Though this case is mostly about labor laws, the Supreme Court cited Article 369 to discuss the validity of laws passed before the Constitution.
✅ Summary Table:
| Feature | Details |
|---|---|
| Purpose | Protection of pre-Constitution land reform laws |
| Area Covered | Compulsory acquisition, abolition/modification of estate rights |
| Effect | Such laws remain valid despite possible conflict with Constitution |
| Limitation | Valid until Parliament enacts overriding law |
📌 Context:
Before 1950, many states passed laws to abolish zamindari system and redistribute land.
Article 369 ensured these laws remained valid after adoption of the Constitution despite property rights and other provisions.
Important for smooth transition from feudal land systems to modern land ownership.
🔚 Conclusion:
Article 369 serves as a protective shield for early land reform legislation in India, safeguarding their validity until Parliament explicitly changes or repeals them. It reflects the Constitution’s commitment to social justice through agrarian reforms.
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