Article 31B – Indian Constitution [with Explanation]

This article is a compilation of Article 31B as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 31B

1[Saving of Certain Laws]

2[31B. Validation of certain Acts and Regulations. — Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.] —————— 1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977). 2. Ins. by the Constitution (First Amendment) Act, 1951, s. 5 (w.e.f. 18-6-1951).

🔍 Explanation

There are three sections under ‘ Saving of Certain Laws’; (Which you can see in the chart below) In this article we are going to understand the second section of the same i.e. Article 30B ;

Although there was a fourth section (31D) under it, which was related to anti-national activities, but it was abolished by the 43rd Constitutional Amendment Act 1977.

These provisions have been added by amending the constitution. That is, all these provisions have not been a part of the original constitution. The main reason for adding this was to end the zamindari system and move towards agrarian reform or land reform.

⚫ Article 30A –  Saving of laws providing for acquisition of estates etc. ⚫ Article 30B –  Validation of certain Acts and Regulations ⚫ Article 30C – Saving of laws giving effect to certain Directive Principles

| Article 31B – Validation of certain Acts and Regulations

Article 31B was introduced by the first Constitutional Amendment Act 1951. Its purpose was to prevent the interference of the court on the law of Parliament.

The danger of interference by the court was because the right to property used to be a fundamental right. And Article 13 does not at all permit any law to come into existence which takes away the fundamental rights.

Because if this happens then any person has the right to go directly to the Supreme Court under Article 32 and it is the duty of the Supreme Court to protect the fundamental rights under any circumstances;

First Constitutional Amendment 1951 : The Indian Constitution was enacted in 1950, and the very next year, an amendment was introduced. This is important because the first general election was not even held yet.

Three basic changes were made in the constitution by this amendment, which you can see below;

1. Restricting the right to freedom of speech and expression – Some restrictions were added by including the words ‘public order’, ‘friendly relations with foreign states’, and ‘incitement to offence’.

2. Special provisions were introduced for backward classes – Clause 4 was added to Article 15 as the country felt the need to make special provisions for backward classes or scheduled castes and scheduled tribes.

For more information read – Reservation in India [1/4]

3. Land reform – Article 31A and Article 31B were added which exempted land reforms from constitutional scrutiny. Apart from these, the Ninth Schedule was included which included laws protected from any challenge against the violation of fundamental rights.

Section 5 of the First Amendment Act, 1951 added Article 31B to the Indian Constitution , which sought to insulate laws passed by Parliament infringing fundamental rights from judicial review.

For more information read – Judicial Review of Ninth Schedule

Presently, this article is grouped under a separate group along with articles 31A and 31C. Whose title is ‘ Saving of Certain Laws’. This title was introduced through the Constitution (Forty-second) Amendment Act, 1976.

So till now we have understood how Article 31B came into the Constitution. Let us now understand what was the need to bring this system;

Need to add section 31B

The objective behind this amendment was to validate the acquisition of zamindari or the abolition of permanent settlement without the intervention of the courts.

Apart from this, due to the implementation of the Directive Principles of State Policy, the violation of fundamental rights was to be validated.

⚫ In fact, after the implementation of the constitution, the need for agricultural reform and reservation to backward classes was felt and when this was done with the help of some laws, the fundamental rights came in front as a hindrance.

This happened because the Fundamental Rights, under Article 13 , provide that any law which abridges or abridges the Fundamental Rights has to be repealed to the extent that it violates the Fundamental Rights.

Apart from this , under Article 32 , any person has the right to go directly to the Supreme Court and it is the duty of the Supreme Court to protect the fundamental rights.

That’s why when the land was taken from the landlords and reservation was started for the backward classes in educational institutions, then the affected people started going to the High Court or the Supreme Court and the court stopped the steps taken by the government to protect the fundamental rights. or finished.

And that is why the need was felt for a law to prevent the Supreme Court from judicial review. That is why Article 31B was made.

⚫ Ninth Schedule was made under Article 31B and it was arranged that no law inserted in this schedule could be challenged in the court.

Read both the articles given below to understand its background in detail;

◾  Judicial review of the ninth schedule

◾ Conflict between  fundamental rights and directive principles

However, remember that at that time Article 31 was not repealed, only Articles 31A and 31B were added. And Article 31C was added by the 25th Constitutional Amendment Act 1971.

Article 31 was abolished in the year 1978 with the help of 44th Constitutional Amendment. And so now articles 31A, 31B and 31C are left. And in this article let us understand section 31B; (There is a separate article on section 31A and 31C)

⚫ Article-31 (a) – Constitution of India

⚫ Article-31 (c) – Indian Constitution

—————————

Purpose of Article 31B:

As we understood above also section 31B has been inserted as a precaution. So that those laws made by the Parliament or by the State Legislature can be saved from the review of the court which violates the fundamental rights in one way or the other.

That is, to put it in simple language, whatever act or provision will be inserted in it cannot be reviewed in the court. At that time in 1951, 13 subjects were inserted in it. Which has increased to 284 in today’s date   .

⚫ Thus Article 31B of the Constitution of India ensured that  none of the laws in the Ninth Schedule  could be challenged in the courts and the government could rationalize social programs by reforming agricultural laws and reservation related matters. 

Remember here that the Supreme Court made it clear under various cases that now the Ninth Schedule can also be reviewed, why can you read the given article; To understand holistically, also understand reservation;

◾  Judicial review of the ninth schedule

◾  Reservation in India [1/4]

FACTS RELATED TO ARTICLE 31B

⚫ In the Kesavananda Bharti case of 1973, it became clear that the Parliament can amend the fundamental rights if it wants, but it can not change the basic structure of the constitution in any case. That is why the Parliament cannot put in the Ninth Schedule by enacting a law which harms the basic structure.

⚫ The Ninth Schedule can be amended and the Parliament can insert new subjects whenever it wants. You can understand this from the fact that in the year 1951 only 13 subjects were included in it but now it has increased to 284.

So overall this is Article 31B, I hope you have understood. To understand other article, you can use the link given below.

⚫ Article-31 (a) – Constitution of India

⚫ Article-31 (c) – Indian Constitution

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⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.