Article 31B: Validation of certain Acts and Regulations - Constitution of India

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Article 31B: Validation of certain Acts and Regulations - Constitution of India

Article 31B: Validation of certain Acts and Regulations - Constitution of India

This provision was not included in the Constitution of India, 1950. It was later inserted by the Constitution (First Amendment) Act, 1951.

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NCERT Summary (Class VI to XII) One Liner for UPSC/IAS Preparation

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.


Explanation of Article 31B: Validation of certain Acts and Regulations - Constitution of India

Article 31B was inserted into the Indian Constitution through the 1st amendment in 1951. It aims to validate certain Acts and Regulations that were previously put in the 9th Schedule of the Indian Constitution through Article 31A.

Key Points

Purpose

The key purpose of Article 31B was to provide legislative validation to important land reform laws that were enacted by state governments post-Independence but faced legal challenges in courts. Land reforms aimed at setting ceilings on land holdings and redistributing excess land were seen as crucial for tackling societal inequities. However, they infringed on the fundamental right to property. Article 31B ensured such laws remained operational by overriding contradictory judicial decisions and insulating them from future judicial review on grounds of violating Part III rights. It strengthened parliamentary authority over the judiciary in such matters of policy.

Controversies

While intended to promote land redistribution, Article 31B's broad insulation of legislature' power has been criticized. The Supreme Court has imposed certain limitations in recent decades to prevent its misuse:

Article 31B aimed to validate crucial land reform laws but endures criticism for potentially enabling excessive insulation of legislations from judicial oversight. The Supreme Court has played a role in rebalancing this relationship over time.

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