Background
The Constitution (Fourth Amendment) Act, 1955 was enacted on 27 April 1955 during the early years of the Indian Republic. The Amendment made important changes to Articles 31, 31A and 305 of the Constitution of India, and added certain laws to the Ninth Schedule.


In the 1950s India was carrying out major land-reform programmes, abolishing intermediary systems like zamindari, redistributing land and seeking to use land and resources for public purposes. The Amendment was one of several constitutional measures that aimed to reconcile individual property rights with the state’s aim of social justice and public welfare.


For competitive exams (such as UPSC and State PSC), the Fourth Amendment is relevant under Indian Polity (Amendments to the Constitution), Fundamental Rights, property rights, land reforms and the Ninth Schedule protections.

Important Facts for Prelims Exams

  • Date of enactment: 27 April 1955.
  • Key Articles amended: Article 31 (Right to Property), Article 31A (Saving of laws providing for acquisition of estates etc), Article 305 (State trade or commerce monopolies) and Ninth Schedule inserted additional entries.
  • Major purpose: Strengthen the state’s power to acquire private property for public purpose and to validate social welfare laws (especially land reform laws) by placing them beyond judicial challenge.
  • Place in UPSC syllabus: Indian Constitution → Amendments, Fundamental Rights → Right to Property, Land Reforms; Polity & Governance → State’s role and judicial review.

Main Provisions and Key Facts

  1. Amendment of Article 31 – Clause (2) was substituted: “No property shall be compulsorily acquired or requisitioned save for a public purpose and by authority of a law which provides for compensation… and no such law shall be called in question in any court on the ground that the compensation provided by that law is not adequate.”
    Also, a new clause (2A) was introduced: “Where a law does not provide for the transfer of ownership or possession of any property to the State… it shall not be deemed to provide for compulsory acquisition… notwithstanding it deprives any person of his property.”
    This means deprivation of property by regulatory law (without transfer) was distinguished from compulsory acquisition.
  2. Amendment of Article 31A – The scope of Article 31A (which protected land reform laws from challenge) was widened to cover further categories of laws such as those relating to: acquisition, extinguishment or modification of rights in estates, state management for limited period, amalgamation of companies in public interest, cancellation of mineral or mining leases, etc.
  3. Also, certain Acts were added to the Ninth Schedule via the Fourth Amendment (e.g., Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act 1950; U.P. Land Acquisition (Rehabilitation of Refugees) Act 1948; Resettlement of Displaced Persons (Land Acquisition) Act 1948) via entries 14, 15, 16 in Ninth Schedule.
  4. Amendment of Article 305 – It clarified that laws providing for state monopoly in trade or business would not be invalid solely because they affected freedom of trade and commerce guaranteed by Article 301. This was to ensure the state’s ability to take over or regulate industries in the public interest.
  5. Ninth Schedule additions – The Amendment placed several state and central Acts (especially land-reform laws) into the Ninth Schedule so they could be insulated from fundamental rights challenge.

Significance

  • The Fourth Amendment strengthened the state’s capacity to implement land reforms and to acquire property for public purposes without protracted litigation over compensation. This was crucial for agrarian reform, redistribution of land and removal of zamindari/ intermediaries.
  • It helped prioritise social justice and public welfare over the absolute nature of property rights, aligning with the Directive Principles of State Policy.
  • It further exemplified how the Constitution was flexible to adapt to the socio-economic needs of the time.
  • From an exam perspective, it is an important milestone showing the evolution of right to property (which later ceased to be a fundamental right under Article 31 through the 44th Amendment).
  • It also demonstrates the use of Ninth Schedule as a mechanism to protect social welfare legislation.

 

Criticism or Limitations (if any)

  • Critics argue that by making compensation non-justiciable (the law cannot be challenged in court simply because compensation is inadequate) under Article 31, the Amendment diluted individual rights and shifted the balance significantly in favour of the state.
  • The expansion of laws protected under Article 31A and inclusion in Ninth Schedule meant that even regulatory deprivation of property rights (not full acquisition) could be sanctioned, raising concerns about state over-reach.
  • The insulation from judicial review via Ninth Schedule might be argued to compromise the independence of judiciary and the protection of fundamental rights.
  • While land reforms were accelerated, implementation often remained uneven and compensation issues continued to persist on the ground; the Amendment addressed constitutional legal issues but tangible on-ground justice remained a challenge.
  • Over time, this shift in property rights was revisited: with the Constitution (Forty‑Fourth Amendment) Act, 1978 property ceased to be a fundamental right under Article 31 and moved to Article 300A (legal right). This shows that the Fourth Amendment’s approach had to be modified later.

Key Points for Exams

  • Year: 1955 (27 April 1955)
  • Law: Constitution (Fourth Amendment) Act, 1955
  • Articles amended: Article 31, Article 31A, Article 305
  • Ninth Schedule: Additions of entries 14, 15, 16 (state Acts: Bihar Displaced Persons Rehabilitation Act 1950, U.P. Land Acquisition (Rehabilitation of Refugees) Act 1948, Resettlement of Displaced Persons (Land Acquisition) Act 1948)
  • Objective: Strengthen state power of acquisition, validate social welfare and land reform laws, limit judicial challenge regarding compensation.
  • Key judgement/interpretation: While not directly a landmark decision of this Amendment, it set stage for jurisprudence on right to property, regulatory deprivation, and Ninth Schedule immunity. For example, questions of whether regulatory deprivation is acquisition under Article 31, etc.
  • Relation with other amendments: Followed major land‐reform constitutional steps (1st amendment had introduced Article 31A/B). Later, the 44th Amendment (1978) changed property rights status.
  • Significance in syllabus: Indian Constitution (Amendments) → Early Amendments, Fundamental Rights → Right to Property, Ninth Schedule, Land Reforms; Polity → Judicial Review, Federalism (Centre-State land acquisition)

In Short (summary in 2-3 lines)
The Constitution (Fourth Amendment) Act, 1955 explicitly strengthened the state’s power to acquire private property and insulated land-reform and welfare laws from judicial challenge by enlarging Article 31A and adding Acts to the Ninth Schedule. It marks an important shift in Indian constitutional history from individual property rights toward social justice and public purpose