Article 31B: Validation of certain Acts and Regulations

Leading cases

• Kesavananda Bharati v. State of Kerala (1973)By seven judges to six, the Court held that Parliament's amending power under Article 368 does not include power to alter its basic structure; it upheld the 24th and 29th Amendments but struck down part of Article 31C.
• I.C. Golak Nath v. State of Punjab (1967)By 6:5, the Court held that Parliament cannot amend the Constitution so as to take away or abridge fundamental rights, rejecting Sankari Prasad and Sajjan Singh, but left existing amendments in force and dismissed the petitions.
• I.R. Coelho v. State of Tamil Nadu (2007)Laws placed in the Ninth Schedule by amendments made on or after 24 April 1973 get no blanket immunity and can be tested against the basic structure, as reflected in Article 21 read with Articles 14 and 19.
• Waman Rao v. Union of India (1980)The Court upheld Articles 31A, 31B and the unamended Article 31C, holding that laws placed in the Ninth Schedule before 24 April 1973 are fully protected, while later additions are valid only if they do not damage the basic structure.
• Indira Nehru Gandhi v. Raj Narain (1975)By majority, clause (4) of Article 329A, which declared the Prime Minister's disputed election valid, was held unconstitutional; all five judges upheld the retrospective election law amendments, so her appeal succeeded and the High Court's judgment was set aside.

Questions on this article

12 questions in 26 of our papers cite Article 31B. Try these from the free papers:

1. 1. As it stands after the Constitution (Forty-fourth Amendment) Act, 1978, Article 31A(1) saves the laws described in it from being deemed void on the ground of inconsistency with:

   A.Article 19 or Article 31B.any of the provisions of Part IIIC.Article 14 or Article 19D.Article 14, Article 19 or Article 21
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2. 2. Consider the following statements: 1. Article 31C was inserted by the Constitution (Forty-second Amendment) Act, 1976. 2. Under the text of Article 31B, Acts and Regulations specified in the Ninth Schedule are not to be deemed void on the ground of inconsistency with any provisions of Part III. 3. Article 31B was inserted by the Constitution (First Amendment) Act, 1951. Which of the statements given above is/are correct?

   A.3 onlyB.2 and 3 onlyC.1, 2 and 3D.1 and 2 only
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3. 3. The Ninth Schedule of the Constitution was originally intended to protect which type of laws from judicial review?

   A.Land reform lawsB.Criminal lawsC.Tax lawsD.Labour laws
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