Articles 31A, 31B, 31C: Safeguarding Socio-Economic Laws

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Questions and Answers

Article 31A primarily protects laws related to what?

  • Labor laws
  • Land reforms and acquisition of estates (correct)
  • Protection of monuments
  • Environmental regulations

Under Article 31A, laws cannot be challenged under which fundamental right?

  • Right to Education
  • Right to Life
  • Right to Equality (correct)
  • Right to Constitutional Remedies

What does Article 31B concern?

  • Validation of laws under the Ninth Schedule (correct)
  • Appointment of judges
  • Protection of laws related to banking
  • Regulation of international treaties

Which schedule is associated with Article 31B?

<p>The Ninth Schedule (C)</p> Signup and view all the answers

What limits were placed on Article 31B by the Kesavananda Bharati case?

<p>Laws can be reviewed if they violate the basic structure of the Constitution (C)</p> Signup and view all the answers

Article 31C originally protected laws implementing which Directive Principles?

<p>Article 39(b) and (c) (A)</p> Signup and view all the answers

Article 31C offers protection against challenges under which article?

<p>Article 14 (B)</p> Signup and view all the answers

Which amendment attempted to extend the immunity of Article 31C to all DPSPs?

<p>42nd Amendment (C)</p> Signup and view all the answers

Which case struck down extending Article 31C immunity to all DPSPs?

<p>Minerva Mills case (C)</p> Signup and view all the answers

What is the primary purpose of Articles 31A, 31B, and 31C?

<p>To provide special protections for certain laws, especially land reforms (B)</p> Signup and view all the answers

Flashcards

Articles 31A, 31B, and 31C

Protects land reforms and socio-economic laws from challenges based on violation of fundamental rights.

Article 31A

Protects laws related to land reforms and acquisition of estates from being challenged under Article 14 and Article 19.

Article 31B

Laws placed under the Ninth Schedule are immune from challenges citing violation of Fundamental Rights, but subject to basic structure review.

Article 31C

Protects laws implementing Article 39(b) and (c) (equitable distribution of wealth) from challenges under Article 14 and Article 19.

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Ninth Schedule

A schedule where laws are placed to grant them immunity from being challenged on the grounds of violating Fundamental Rights.

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Kesavananda Bharati case (1973)

Ruled that laws under the Ninth Schedule can be reviewed if they violate the basic structure of the Constitution.

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I.R. Coelho case (2007)

Affirmed that Ninth Schedule laws can be reviewed if they violate the basic structure of the Constitution.

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Article 39(b) and (c)

Socio-economic principles focused on equitable distribution of wealth.

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42nd Amendment (1976)

Tried to extend immunity to all Directive Principles but was struck down by the Supreme Court.

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Minerva Mills case (1980)

Struck down the extension of Article 31C to all DPSPs, limiting protection to Article 39(b) & (c).

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Study Notes

  • Articles 31A, 31B, and 31C offer specific protections to laws, especially concerning land reforms and socio-economic legislation, shielding them from challenges based on Fundamental Rights.

Article 31A

  • Protects laws concerning land reforms, abolition of zamindari systems, and estate acquisitions from being challenged under Article 14 (Right to Equality) and Article 19 (Right to Property, which has been repealed).
  • Ensures laws designed to redistribute land and resources for social justice are shielded from invalidation by courts.

Article 31B

  • States that laws listed under the Ninth Schedule are immune from challenges citing violations of Fundamental Rights.
  • The Ninth Schedule was introduced via the First Amendment in 1951.
  • Initially, laws under the Ninth Schedule had absolute immunity.
  • The Kesavananda Bharati case in 1973 and the I.R. Coelho case in 2007 established that laws in the Ninth Schedule could be reviewed if they violated the Constitution's basic structure.

Article 31C

  • Protects laws enacted to implement Article 39(b) and (c) of the Directive Principles of State Policy (DPSP) from being challenged under Article 14 (Equality) and Article 19 (Freedom of Speech, Trade, etc.).
  • Article 39(b) and (c) relate to socialistic principles, particularly the equitable distribution of wealth.
  • The 42nd Amendment in 1976 attempted to extend this protection to all DPSPs.
  • In the Minerva Mills case of 1980, the Supreme Court limited the protection to laws implementing Article 39(b) and (c), striking down the broader extension.

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