Constitution Of India Article 31C - Saving of laws giving effect to certain directive principles


Description

Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing [1] 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 article 14 or article 19[4];

[2]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:
[3]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.
-----
1. 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 (1980) s. 2, S.C.C. 591.

2. In Kesavananda Bharati vs. the State of Kerala (1973). Supp. S.C.R.1., the Supreme Court held the provisions in italics to be invalid.

3. Ins. by the Constitution (Twenty-fifth Amendment) Act, 1971, s.3 (w.e.f. 20-4-1972).

4. 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).


Click here to read more from the Constitution Of India & Constitution of India in Hindi


Talk to a lawyer for your legal issue