Articles 31-A to 31-C: Saving of Certain Laws
- Legal Journey
- Oct 25
- 4 min read
Updated: Oct 26
Articles 31-A to 31-C
Saving of Certain Laws
Table of Contents 💻
Article 31-A. Saving of laws providing for acquisition of estates, etc.
- It was inserted by the First Constitutional Amendment Act, 1951 with retrospective effect from 26th January 1950.
- It provided that NO law providing for acquisition of any ‘estate’ or any right therein extinguishment or modification of any such rights, would be deemed to be VOID on the ground that it was inconsistent with or takes away or abridges any of rights conferred by Articles 14 or 19 of the Constitution.
- It was again amended with retrospective effect by the 4th Constitutional Amendment Act, 1955 with retrospective effect and expanded the scope of word ‘estate’ and included clauses (b) to (e).
Article 31-B. Validation of certain Acts and Regulations
- It was also added by the First Constitutional Amendment Act, 1951
- It provides that NONE of the Acts and Regulations mentioned in the 9th Schedule shall be deemed to be VOID on the ground that they are inconsistent with any of the rights conferred by Part III of the Constitution.
- However, the Legislature is competent to amend and repeal these Acts.
Prag Ice and Oil Mills V. Union of India (1978 SC)
- It was held that orders and notifications made under Acts included in the 9th Schedule also are NOT entitled to protection of Article 31B as they are not the part of the original acts.
Article 31-C. Saving of laws giving effect to certain directive principles
- It was inserted by the 25th Constitutional Amendment Act, 1971
- It empowers the Legislature to enact laws towards securing the directive principles specified in Article 39 (b) and (c) of the Constitution.
- Such law CANNOT be challenged on the ground that they infringe Articles 14 and 19.
- Hence, Article 31-C gives Directive Principles in Article 39(b) and (c) primacy over the Fundamental Rights guaranteed by Articles 14 or 19. (Minerva Mills Case)
- It also included a declaration clause which stated that any law containing a declaration that it was for giving effect to such policy would be called in question in any Court on the ground that the new law did not give effect to such policy.
- This declaration clause thus barred the judicial review of such laws completely.
Kesavananda Bharati V. State of Kerala (1973 SC)
- The Court struck down the declaration as unconstitutional on the ground that it was destructive of the basic feature of the Constitution which was Judicial Review.
- However, the First part of Article 31-C was held to be valid.
- The effect of declaring the second para as VOID is that the Court will have jurisdiction to examine whether there is a direct and reasonable nexus between the laws passed to implement the Directive Principles contained in Article 39(b) and (c).
42nd Constitutional Amendment Act, 1976
- It amended Article 31-C and expanded its scope from only Article 39(b) and (c) to cover all the Directive principles.
- Hence, all of Part IV (Directive Principles of State Policy) was given primacy over Articles 14 or 19.
Minerva Mills Ltd. V. Union of India (1980 SC)
- The amendment to Article 31-C by the 42nd Constitutional Amendment Act, 1976 was struck down as unconstitutional on the ground that it was destructive of the “basic features” of the Constitution.
- The Indian Constitution is founded on the bed-rock of the balance between Parts III and IV.
- To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
- The harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution.
- The directive principles prescribe the goal to be attained and the fundamental rights law down the means by which the goal is to be achieved.
- The goals set out in Part IV have to be achieved without abrogating the means provided for by Part III.
- Thus, there is NO conflict between the Directive Principles and the Fundamental Rights.
- These are meant to supplement one another.
- Article 31-C as originally introduced by the 25th Amendment is constitutionally valid.
Waman Rao V. Union of India (1981 SC)
- The Supreme Court held that Article 31-C as it stood prior to the 42nd Constitutional Amendment Act did not damage any of the basic or essential features of the Constitution and was therefore valid.
- All the amendments to the Constitution made prior to the decision in Keshavananda Bharati case by which the 9th Schedule was amended and several acts and regulations were included were valid.
- But, amendments made on or after the decision (April 24th, 1973) in the 9th Schedule would be open to challenge on the ground that they were beyond the amending power of Parliament for damaging the basic structure of the Constitution.
I. R. Coelho (dead) by LR V. State of Tamil Nadu (2007 SC)
- Any law placed in the 9th Schedule after April 24, 1973 when Keshavananda Bharati’s judgment was delivered would be open to challenge.
Frequently Asked Questions
Q) What does Article 31-B protect?
A) It shields laws placed in the 9th Schedule from being challenged for violating Fundamental Rights.
Q) Are all notifications under the 9th Schedule protected?
A) No. In Prag Ice and Oil Mills (1978), the Supreme Court held that ONLY original Acts in the 9th Schedule are protected.
Q) What change did the 42nd Constitutional Amendment make?
A) It extended protection to all Directive Principles, but this was struck down in Minerva Mills (1980).
Q) What is the main purpose of Articles 31A to 31C?
A) They protect certain reformative and socio-economic laws from being invalidated for violating Fundamental Rights.
Q)What is the 9th Schedule of the Constitution?
A) It’s a list of laws protected under Article 31B to prevent judicial review of land and social reform legislation.
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