Saving of Certain Laws (Articles 31A–31C)
Indian Polity › Fundamental Rights · Topic 6.8
Articles 31A, 31B and 31C save certain laws, such as estate acquisition laws, Ninth Schedule laws and laws implementing Article 39(b) and (c), from challenge for violating Fundamental Rights, subject to the basic structure test.
6 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is Three Articles that protect certain laws from being struck down for violating Fundamental Rights
- Articles Articles 31A, 31B and 31C
- Linked to The right to property, the Ninth Schedule and the Directive Principles
- Key cases Kesavananda Bharati (1973), Waman Rao (1980), Minerva Mills (1980), I.R. Coelho (2007)
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the eighth topic of the category on Fundamental Rights. The right to property led to constant clashes between Parliament and the Supreme Court. Articles 31A, 31B and 31C were added to protect land reform and social welfare laws, and they remain as exceptions to the Fundamental Rights even after the property right was removed.
Background: The Right to Property
Originally the right to property was a Fundamental Right under Article 19(1)(f) and Article 31. Article 31 guaranteed to every person, citizen or not, a right against deprivation of property except by authority of law, and the State could acquire property only for a public purpose and on payment of compensation. It became the most controversial right and caused confrontations between the Supreme Court and Parliament, leading to the 1st, 4th, 7th, 25th, 39th, 40th and 42nd Amendments. Through these, Articles 31A, 31B and 31C were added and modified to nullify Supreme Court judgments and protect certain laws.
The 44th Amendment Act (1978) abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31, and inserted Article 300A in Part XII: no person shall be deprived of property except by authority of law. It is now a legal right. It can be regulated by an ordinary law; it protects against executive action but not legislative action; the aggrieved person moves the high court under Article 226 and not the Supreme Court under Article 32; and there is no guaranteed compensation. The right to property is not part of the basic structure. Part III still carries two guaranteed compensation provisions: for acquisition of minority institution property (Article 30) and for land under personal cultivation within the ceiling limit (Article 31A).
Article 31A: Saving of Laws on Estates
Article 31A saves five categories of laws from challenge for violating Article 14 (equality) and Article 19 (six freedoms). They relate to agrarian reform, industry and commerce: acquisition of estates and related rights; taking over management of properties; amalgamation of corporations; extinguishment or modification of rights of directors or shareholders; and extinguishment or modification of mining leases. A state law gets this protection only if it is reserved for the President’s consideration and receives assent. The Article also provides for compensation at market value when the State acquires land under personal cultivation within the ceiling limit.
Article 31B and the Ninth Schedule
Article 31B saves the Acts and regulations included in the Ninth Schedule from being challenged for violating any Fundamental Right. Its scope is wider than Article 31A, since it applies whether or not the law falls in the five categories. Originally in 1951 the Schedule had 13 Acts and regulations; the number has since risen to 282. State laws in it deal with land reforms and abolition of zamindari, and Parliament’s laws deal with other matters.
| Case | Ruling on the Ninth Schedule |
|---|---|
| Kesavananda Bharati (1973) | Ninth Schedule laws are open to challenge for violating the basic structure |
| Waman Rao (1980) | Laws added after 24 April 1973 are valid only if they do not damage the basic structure |
| I.R. Coelho (2007) | No blanket immunity; judicial review is a basic feature; laws placed after 24 April 1973 can be challenged for violating Articles 14, 15, 19, 21 or the basic structure |
Article 31C: Saving of Laws Giving Effect to Directive Principles
Article 31C was inserted by the 25th Amendment Act (1971). It had two provisions: no law implementing the socialistic Directive Principles in Article 39(b) or (c) shall be void for violating Article 14 or Article 19; and no law with a declaration that it gives effect to such policy shall be questioned in any court on the ground that it does not do so. In Kesavananda Bharati (1973) the Supreme Court held the second provision unconstitutional because judicial review is a basic feature, and upheld the first.
The 42nd Amendment Act (1976) extended the first provision to any law implementing any Directive Principle in Part IV, giving the Directive Principles primacy over Articles 14 and 19. The Supreme Court declared this extension invalid in Minerva Mills (1980). Like Article 31A, Article 31C does not save a state law from judicial review unless it has been reserved for the President and received assent. In effect, the Court said, “where Article 31C comes in, Article 14 goes out”, but only for the Article 39(b) and (c) laws.
Why Is This Topic Important?
- Exceptions to the rights These Articles limit the Fundamental Rights, a common Prelims theme
- Ninth Schedule Cases from Kesavananda to I.R. Coelho are frequently asked
- Property right The status of the right to property after 1978 is a standard question
What Came Next?
The next topic covers Article 32, the Right to Constitutional Remedies, which Dr Ambedkar called the heart of the Constitution.
Key People and Terms
- Article 300A Right to property as a legal right in Part XII
- Ninth Schedule A schedule whose laws are saved by Article 31B
- Estate Land-related rights covered by Article 31A
- Basic structure The test applied to the Ninth Schedule after 1973
- Socialistic Directive Principles Article 39(b) and (c), protected by Article 31C
Exam Corner
Points to Remember
- 44th Amendment 1978: property out of Part III; Article 300A in Part XII.
- Article 31A: five categories; protects from Articles 14 and 19.
- Article 31B: Ninth Schedule; 24 April 1973 cut-off from Waman Rao.
- Article 31C: inserted by the 25th Amendment, 1971; extension by 42nd Amendment struck down in Minerva Mills.
Do Not Confuse With
- Article 31A and 31B 31A protects five categories from Articles 14 and 19; 31B protects Schedule laws from all rights
- Fundamental Right to property and legal right After 1978 it is a legal right under Article 300A
- Article 31C parts The first part was upheld; the second (no judicial review) was struck down
Memory Hook
A for estates, B for the Ninth Schedule, C for Directive Principles: all three need the basic structure check.
Mains Angle
Questions on this topic usually ask how Parliament and the Court balanced property rights and social reform. Use these points to add depth.
- Clash over property Seven amendments followed disputes over compensation
- Judicial review preserved Kesavananda, Waman Rao and I.R. Coelho keep Ninth Schedule laws open to review
- Directive Principles Minerva Mills limited the extension of Article 31C to all Part IV principles
- Present position Property is a legal right; Part III keeps two compensation guarantees
A Question You May Face
An original practice question, not a past paper question.
“Examine how the Supreme Court has limited the protection given by Articles 31A, 31B and 31C.”
How to Answer
- Introduction Property disputes and the three Articles.
- Each Article Scope and protection.
- Judicial limits Kesavananda, Waman Rao, Minerva Mills, I.R. Coelho.
- Conclusion Basic structure keeps review alive.
GS Relevance
Frequently Asked Questions
What does Article 31A provide?
Article 31A saves five categories of laws on agrarian reform, industry and commerce from challenge under Articles 14 and 19. They include acquisition of estates, taking over management of properties, amalgamation of corporations, changes in rights of shareholders and extinguishment of mining leases.
What is the Ninth Schedule and Article 31B?
Article 31B saves the Acts and regulations in the Ninth Schedule from challenge for violating any Fundamental Right. The Schedule had 13 Acts in 1951. Laws added after 24 April 1973 are open to challenge on the basis of the basic structure.
What did the I.R. Coelho case decide?
In 2007 the Supreme Court ruled that there can be no blanket immunity from judicial review for Ninth Schedule laws. Judicial review is a basic feature, and laws placed there after 24 April 1973 can be challenged if they violate Articles 14, 15, 19, 21 or the basic structure.
What is Article 31C?
Article 31C, added by the 25th Amendment (1971), protects laws implementing Article 39(b) and (c) from challenge under Articles 14 and 19. The Court upheld this in Kesavananda Bharati but struck down the bar on judicial review of the declaration.
How did Minerva Mills affect Article 31C?
The 42nd Amendment extended Article 31C to all Directive Principles. In Minerva Mills (1980) the Supreme Court declared this extension invalid, so Directive Principles remain subordinate to Fundamental Rights, except for laws under Article 39(b) and (c).
Is the right to property a Fundamental Right now?
No. The 44th Amendment Act (1978) repealed Article 19(1)(f) and Article 31 and inserted Article 300A in Part XII. It is now a legal right, enforceable through the high court under Article 226 and not by a writ under Article 32.
PYQ Practice — Statement Analysis
1 Article 31B protects the laws in the Ninth Schedule.
The protection is from challenge on any Fundamental Right, subject to the basic structure test.
2 Article 31C was inserted by the 44th Amendment Act, 1978.
It was inserted by the 25th Amendment Act, 1971.
3 Right to property is now provided in Article 300A.
It is a legal right in Part XII.
4 The Supreme Court in Minerva Mills upheld the extension of Article 31C to all Directive Principles.
It declared the extension invalid.
5 Laws placed in the Ninth Schedule after 24 April 1973 are immune from the basic structure test.
They can be challenged if they damage the basic structure.
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