Compulsory acquisition of property must be by law for public purpose with prescribed compensation mechanisms and protected minority institution rights. The provision permits compulsory acquisition or requisitioning of property only for a public purpose and under law that prescribes or provides principled determination of the amount and manner of payment; adequacy of the amount or the form of payment is not open to challenge. It mandates protection of minority educational institutions by ensuring acquisition compensation does not abrogate their guaranteed rights, distinguishes non transferring deprivations from acquisition, preserves specified exceptions such as taxation and public health laws, and subjects certain State acquisition laws to presidential assent or certification to prevent judicial challenge.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Compulsory acquisition of property must be by law for public purpose with prescribed compensation mechanisms and protected minority institution rights.
The provision permits compulsory acquisition or requisitioning of property only for a public purpose and under law that prescribes or provides principled determination of the amount and manner of payment; adequacy of the amount or the form of payment is not open to challenge. It mandates protection of minority educational institutions by ensuring acquisition compensation does not abrogate their guaranteed rights, distinguishes non transferring deprivations from acquisition, preserves specified exceptions such as taxation and public health laws, and subjects certain State acquisition laws to presidential assent or certification to prevent judicial challenge.
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