Podcast
Questions and Answers
Which of the following accurately describes the initial ruling in the Kesavananda Bharati case (1973) regarding Article 31C?
Which of the following accurately describes the initial ruling in the Kesavananda Bharati case (1973) regarding Article 31C?
- Both the provision protecting laws under Articles 14 and 19 and the provision granting judicial immunity were upheld.
- The provision protecting laws under Articles 14 and 19 was upheld, but the provision granting judicial immunity was declared unconstitutional. (correct)
- The provision protecting laws under Articles 14 and 19 was declared unconstitutional, but the provision granting judicial immunity was upheld.
- Both the provision protecting laws under Articles 14 and 19 and the provision granting judicial immunity were declared unconstitutional.
What was the primary reason the Supreme Court declared the extension of Article 31C via the 42nd Amendment unconstitutional in the Minerva Mills Case (1980)?
What was the primary reason the Supreme Court declared the extension of Article 31C via the 42nd Amendment unconstitutional in the Minerva Mills Case (1980)?
- The extension applied only to laws related to Articles 39(b) and (c), creating an unequal application of the law.
- The extension favored fundamental rights over Directive Principles, disrupting the established balance.
- The extension violated the basic structure of the Constitution by diminishing the power of the Parliament.
- The extension undermined judicial review, a fundamental feature of the Constitution. (correct)
Under what condition does Article 31C not provide immunity from judicial review, even if a law is declared as implementing Directive Principles?
Under what condition does Article 31C not provide immunity from judicial review, even if a law is declared as implementing Directive Principles?
- If the law was enacted before the Kesavananda Bharati case.
- If the law does not relate to Articles 39(b) or (c).
- If the law is reserved for the President’s assent and receives it.
- If the law is not reserved for the President’s assent and does not receive it. (correct)
Which of the following best summarizes the impact of the Minerva Mills Case (1980) on Article 31C?
Which of the following best summarizes the impact of the Minerva Mills Case (1980) on Article 31C?
What does the concept of 'judicial review' generally imply in the context of Article 31C?
What does the concept of 'judicial review' generally imply in the context of Article 31C?
How did the 42nd Amendment (1976) initially modify Article 31C?
How did the 42nd Amendment (1976) initially modify Article 31C?
Which fundamental right is most directly related to the judicial review of laws implementing Directive Principles, as highlighted in the context of Article 31C?
Which fundamental right is most directly related to the judicial review of laws implementing Directive Principles, as highlighted in the context of Article 31C?
Consider a hypothetical law passed by a state government, aiming to implement a Directive Principle, but potentially violating Article 19 of the Constitution. According to the discussed principles of Article 31C, which of the following scenarios would provide the strongest protection against judicial review?
Consider a hypothetical law passed by a state government, aiming to implement a Directive Principle, but potentially violating Article 19 of the Constitution. According to the discussed principles of Article 31C, which of the following scenarios would provide the strongest protection against judicial review?
What was the main constitutional concern that led the courts to limit the scope of Article 31C?
What was the main constitutional concern that led the courts to limit the scope of Article 31C?
Suppose a law protected by Article 31C is challenged in court for allegedly violating Article 14. What determines whether the court can review its constitutionality?
Suppose a law protected by Article 31C is challenged in court for allegedly violating Article 14. What determines whether the court can review its constitutionality?
Under Article 31A of the Indian Constitution, which of the following challenges to laws is not prevented?
Under Article 31A of the Indian Constitution, which of the following challenges to laws is not prevented?
Which of the following scenarios would not be protected from judicial review under Article 31A unless specific conditions are met?
Which of the following scenarios would not be protected from judicial review under Article 31A unless specific conditions are met?
What is the key distinction between the protections offered by Article 31A and Article 31B of the Indian Constitution?
What is the key distinction between the protections offered by Article 31A and Article 31B of the Indian Constitution?
According to the rulings in the Kesavananda Bharati Case (1973) and subsequent cases, what is the critical condition for the validity of laws placed in the Ninth Schedule after April 24, 1973?
According to the rulings in the Kesavananda Bharati Case (1973) and subsequent cases, what is the critical condition for the validity of laws placed in the Ninth Schedule after April 24, 1973?
What was the primary focus of the state laws initially included in the Ninth Schedule?
What was the primary focus of the state laws initially included in the Ninth Schedule?
Which Article of the Indian Constitution aims to protect laws that promote equitable distribution of resources and prevent the concentration of wealth, even if they potentially infringe upon the right to equality?
Which Article of the Indian Constitution aims to protect laws that promote equitable distribution of resources and prevent the concentration of wealth, even if they potentially infringe upon the right to equality?
Article 31C, as introduced by the 25th Amendment Act of 1971, protects laws implementing specific directive principles. Which fundamental right is primarily intended to be balanced against these directive principles?
Article 31C, as introduced by the 25th Amendment Act of 1971, protects laws implementing specific directive principles. Which fundamental right is primarily intended to be balanced against these directive principles?
A state government enacts a law to redistribute land to landless farmers, citing Article 39(b) of the Constitution. If this law is challenged for violating Article 14, which constitutional provision might be invoked to protect this law?
A state government enacts a law to redistribute land to landless farmers, citing Article 39(b) of the Constitution. If this law is challenged for violating Article 14, which constitutional provision might be invoked to protect this law?
A law is added to the Ninth Schedule after April 24, 1973. According to the I.R. Coelho case (2007), under what circumstance can this law still be subject to judicial review?
A law is added to the Ninth Schedule after April 24, 1973. According to the I.R. Coelho case (2007), under what circumstance can this law still be subject to judicial review?
Imagine a scenario where a state law nationalizing a specific industry is placed in the Ninth Schedule. If this law demonstrably restricts freedom of speech (Article 19) to an extent deemed unreasonable, how would the courts likely approach the challenge to its validity, based on established precedents?
Imagine a scenario where a state law nationalizing a specific industry is placed in the Ninth Schedule. If this law demonstrably restricts freedom of speech (Article 19) to an extent deemed unreasonable, how would the courts likely approach the challenge to its validity, based on established precedents?
Flashcards
Article 31A Protection
Article 31A Protection
Protects five types of laws from challenges based on violation of Articles 14 and 19.
Examples under Article 31A
Examples under Article 31A
Acquisition of estates, state management of properties, amalgamation of corporations.
Article 31B Protection
Article 31B Protection
Laws listed are immune from challenges citing violation of fundamental rights.
Ninth Schedule Challenges
Ninth Schedule Challenges
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I.R. Coelho Case (2007)
I.R. Coelho Case (2007)
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Article 31C
Article 31C
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State laws in Ninth Schedule
State laws in Ninth Schedule
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Article 39(b)
Article 39(b)
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Article 39(c)
Article 39(c)
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Protection under Article 31C
Protection under Article 31C
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Kesavananda Bharati Case (1973)
Kesavananda Bharati Case (1973)
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Judicial Review & Article 31C
Judicial Review & Article 31C
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42nd Amendment (Article 31C)
42nd Amendment (Article 31C)
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Minerva Mills Case (1980)
Minerva Mills Case (1980)
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Scope of Judicial Review under Article 31C
Scope of Judicial Review under Article 31C
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Judicial Review
Judicial Review
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Fundamental Rights
Fundamental Rights
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Directive Principles
Directive Principles
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President's Assent
President's Assent
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Study Notes
- Article 31A protects five categories of laws from challenges based on violations of Article 14 (equality before the law) and Article 19 (protection of six rights).
- These categories include:
- Acquisition of estates and related rights by the state
- State management of properties
- Amalgamation of corporations
- Extinguishment or modification of rights of directors or shareholders of corporations
- Extinguishment or modification of mining leases
- These categories include:
- A state law is subject to judicial review unless it has been reserved for the President's consideration and has received presidential assent.
- When the state acquires land under personal cultivation within the statutory ceiling, compensation at market value must be paid.
Validation of Certain Acts and Regulations Under Article 31B
- Article 31B shields laws listed in the Ninth Schedule from challenges for violating any fundamental rights.
- The scope of Article 31B is broader than Article 31A, safeguarding laws even if they do not fall under Article 31A’s five categories.
Judicial Review: Key Cases
- Kesavananda Bharati Case (1973): Laws in the Ninth Schedule can be challenged if they violate the Constitution's basic structure.
- Waman Rao Case (1980): Laws added to the Ninth Schedule after April 24, 1973, are valid only if they do not damage the basic structure.
- I.R. Coelho Case (2007): Judicial review is a basic feature; laws in the Ninth Schedule after April 24, 1973, can be challenged if they violate Articles 14, 15, 19, 21, or the basic structure.
Expansion of the Ninth Schedule
- The Ninth Schedule initially had 13 laws in 1951 and now includes 282 laws.
- State laws in the Ninth Schedule primarily address land reforms and the abolition of the zamindari system.
- Parliament's laws in the Schedule cover other matters.
Saving of Laws Giving Effect to Certain Directive Principles (Article 31C)
- Article 31C, via the 25th Amendment Act of 1971, protects laws implementing socialistic directive principles in Article 39(b) (equitable distribution of resources) and Article 39(c) (prevention of wealth concentration).
- These laws are protected from challenges for violating Article 14 (equality before the law) or Article 19 (protection of rights).
- Laws declared as implementing these principles cannot be questioned in court for not implementing the policy.
Kesavananda Bharati Case (1973)
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The provision protecting laws from challenge under Articles 14 and 19 was upheld.
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The judicial immunity provision was declared unconstitutional, as judicial review is a basic feature of the Constitution.
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The 42nd Amendment in 1976 extended Article 31C’s protection to laws implementing any directive principle in Part IV of the Constitution, not just Articles 39(b) or (c).
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This extension was declared unconstitutional in the Minerva Mills Case (1980).
- The court ruled that expanding Article 31C's shield to all Directive Principles would weaken the balance between fundamental rights and Directive Principles, a key feature of the Constitution.
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Article 31C does not provide immunity from judicial review unless the law is reserved for the President’s assent and receives it.
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Description
Article 31A protects certain laws from challenges based on violations of Articles 14 and 19. Article 31B shields laws in the Ninth Schedule from challenges for violating any fundamental rights. State laws are subject to judicial review unless reserved for presidential consideration.
