Article 31 A – Saving of Laws Providing for Acquisition of Estates, etc.
- Article 31A protects specific laws from being invalidated for violating fundamental rights under Article 14 (equality before the law) and Article 19 (freedom rights).
- The following laws are shielded from judicial invalidation:
- Acquisition of estates and related rights by the State.
- State’s takeover of property management.
- Amalgamation of corporations.
- Alteration of rights of directors or shareholders in corporations.
- Modification or extinguishment of mining leases.
- A state law is immune under Article 31A only if it has been reserved for the President’s consideration and received presidential assent.
Article 31 B – Validation of Certain Acts and Regulations
- Article 31B provides immunity to laws listed in the Ninth Schedule from being invalidated for violating fundamental rights.
- The protection under Article 31B is broader than Article 31A as it applies to all fundamental rights, not just specific categories.
- Laws listed in the Ninth Schedule are shielded irrespective of whether they fit into the five categories under Article 31A.
- The Supreme Court ruled that judicial review is a basic feature of the Constitution and laws in the Ninth Schedule cannot have blanket immunity.
- Laws added after April 24, 1973 (Kesavananda Bharati judgment date) can be challenged if they violate:
- Articles 14, 15, 19, and 21 (key fundamental rights).
- The basic structure doctrine of the Constitution.
Article 31 C – Saving of Laws Giving Effect to Certain Directive Principles
- Article 31C, as inserted by the 25th Amendment Act of 1971, contained the following two provisions:
- No law that seeks to implement the socialistic directive principles specified in Article 39(b)21 or (c)22 shall be void on the ground of contravention of the fundamental rights conferred by Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six rights in respect of speech, assembly, movement, etc.)
- No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.