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PART III FUNDAMENTAL RIGHTS · Saving of Certain Laws

Article 31C: Saving of laws giving effect to certain directive principles

The Constitution of India

1[ Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing 2[all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by 3[article 14 or article 19;] 4[and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy]:

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.]

Footnotes in the official text

  1. 1.Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s. 3 (w.e.f. 20-4-1972).
  2. 2.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section 4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and Others Vs Union of India and Others, AIR 1980 SC 1789.
  3. 3.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14, article 19 or article 31” (w.e.f. 20-6-1979).
  4. 4.The words in italics struck down by the Supreme Court in Kesavananda Bharati vs. State of Kerala, AIR 1973, SC 1461.

Leading cases

Questions on this article

7 questions in 27 of our papers cite Article 31C. Try these from the free papers:

  1. 1. A State Legislature passes a law declared to give effect to the principle in Article 39(b). The Bill was not reserved for the consideration of the President; the Governor gave his assent. The law is challenged as violating Article 14. Can the State claim the protection of Article 31C?

  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?

  3. 3. The part of Article 31C which provided that no law containing a declaration that it is for giving effect to the policy of the State towards securing the directive principles shall be called in question in any court on the ground that it does not give effect to such policy was struck down in:

Practise questions on Constitutional Law