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Section 31C – Constitution of India

Constitution of India

 

 

31C. Saving of laws giving effect to certain directive principles.

 

1[31C. Saving of laws giving effect to certain directive principles.

 

Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing 2[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 3[article 14 or article 19]; 4[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:

 

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


2. 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) 2. S.C.C. 591.


3. 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).


4. In Kesavananda Bharati Vs. The State of Kerala, (1973) Supp. S.C.R.1, the Supreme Court held the provision in italics to be invalid.

 

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