Scribd
Upload
15 views2 pages

Q) Exceptions To Fundamental Rights (Article 31A, 31B, 31C) - 20250122 - 200852 - 0000

The document outlines exceptions to Fundamental Rights in the Indian Constitution, specifically Articles 31A, 31B, and 31C. Article 31A protects agrarian reform laws, Article 31B validates laws in the Ninth Schedule against constitutional challenges, and Article 31C safeguards laws implementing certain Directive Principles. These provisions aim to balance individual rights with socio-economic justice and guide state governance.

Uploaded by

ishorishore
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
15 views2 pages

Q) Exceptions To Fundamental Rights (Article 31A, 31B, 31C) - 20250122 - 200852 - 0000

The document outlines exceptions to Fundamental Rights in the Indian Constitution, specifically Articles 31A, 31B, and 31C. Article 31A protects agrarian reform laws, Article 31B validates laws in the Ninth Schedule against constitutional challenges, and Article 31C safeguards laws implementing certain Directive Principles. These provisions aim to balance individual rights with socio-economic justice and guide state governance.

Uploaded by

ishorishore
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Q) Exceptions to Fundamental

Rights (Article 31A, 31B, 31C)


_____________________________________________

INTRODUCTION

Outline of Fundamental Rights

Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12–35). They
are guaranteed to all citizens to ensure equality, freedom, and judiciary

1. Article 31A: Protection of Laws Relating to Agrarian Reforms

Protects laws related to:


1. Acquisition of estates or rights by the state.
2. Modification/extinguishment of property rights.
3. Regulation of land use and ownership for public welfare.
4. Cooperative farming or land consolidation.
These laws cannot be challenged for violating:
Article 14 (Equality before law).
Article 19 (Freedom of property, repealed).
Introduced by the First Amendment (1951) to facilitate land reforms.

2. Article 31B: Validation of Laws under the Ninth Schedule

Ninth Schedule: Contains laws protected from being challenged as unconstitutional.


Laws in the Ninth Schedule remain valid even if they violate:
Articles 14, 19, and other Fundamental Rights.
Introduced by the First Amendment (1951) to safeguard agrarian reforms.
Judicial Review:
Post April 24, 1973 (Kesavananda Bharati case), laws in the Ninth Schedule are subject
to judicial review if they violate the basic structure of the Constitution.

3. Article 31C: Protection of Laws Implementing Directive Principles

Protects laws enacted to implement Directive Principles of State Policy, particularly:


1. Article 39(b): Distribution of material resources to serve the common good.
2. Article 39(c): Prevention of wealth concentration.
These laws cannot be challenged for violating:
Articles 14 and 19.
Introduced by the 25th Amendment Act (1971).
Judicial Interpretation:
In Minerva Mills v. Union of India (1980), the Supreme Court ruled that the protection
applies only to laws implementing Article 39(b) and 39(c), not other Directive
Principles.

Directive Principles of State Policy (DPSPs)

The Directive Principles of State Policy are enshrined in Part IV of the Indian Constitution
(Articles 36–51). These principles are non-justiciable (cannot be enforced in a court of law)
but aim to guide the State in governance and policymaking to establish a welfare statze

Summary

Article 31A: Protects agrarian reform laws from challenges under Articles 14 and 19.
Article 31B: Validates laws listed in the Ninth Schedule, protecting them from
fundamental rights challenges.
Article 31C: Safeguards laws implementing Articles 39(b) and 39(c) against challenges
under Articles 14 and 19.

These provisions balance individual rights with socio-economic justice and the Directive
Principles of State Policy.

You might also like