Article 31D: Saving of laws in respect of anti-national activities (Omitted) - Constitution of India

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Article 31D: Saving of laws in respect of anti-national activities (Omitted) - Constitution of India

Article 31D: Saving of laws in respect of anti-national activities (Omitted) - Constitution of India

This provision was not included in the Constitution of India 1950. It was later inserted by the Constitution (Forty-second Amendment) Act, 1976 and subsequently deleted by the Constitution (Forty-third Amendment) Act, 1977.

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Omitted by the Constitution (Forty-third Amendment) Act,1977, s. 2 (w.e.f.13-4-1978).


Explanation of Article 31D: Saving of laws in respect of anti-national activities (Omitted) - Constitution of India

Article 31D of the Constitution of India dealt with saving of laws with respect to anti-national activities. However, this article was omitted by the Constitution (Forty-third Amendment) Act,1977.

What did the article say?

The original text of Article 31D is not available since it has been omitted. However, based on its context and title, it seems to have dealt with saving existing laws related to anti-national activities i.e. those laws would continue to be valid even if they were inconsistent with fundamental rights(right to equality, right to life etc).

Reason for omission

The article was omitted through the Constitution (Forty-third Amendment) Act, 1977 which was passed during the Emergency in India(1975-77).

During the Emergency, wide-ranging powers were granted to the State to curb civil liberties and dissent. Many political activists and opponents of the ruling party were detained without proper legal process.

It seems the article was omitted to remove any legal protection or saving for laws being used to curb civil liberties and dissent during the Emergency in the name of "anti-national activities". By omitting it, such laws could potentially be challenged on grounds of violating fundamental rights.

Impact and analysis

The omission removed explicit protection for any laws dealing with "anti-national activities" that may have been inconsistent with fundamental rights enshrined in the Constitution.

However, even after its omission, the State continues to have wide powers to define and prosecute activities it considers as "anti-national" under various existing penal laws of the land.

The omission alone did not necessarily curtail these powers but removed a layer of protection such laws enjoyed. It created potential grounds to legally challenge the validity and scope of such laws.

Article 31D was introduced to save existing laws related to "anti-national activities" but was omitted during the Emergency period, presumably to remove protective cover for laws used to curb civil liberties at that time.

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POLITICAL THEORY NOTES for UPSC/IAS Preparation

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