Fundamental Rights – Saving of Certain Laws

There are many amendments passed for the protection of certain laws by the Indian constitution. Among them, one that stands out is the article 31. Today, we are going to discuss in the article 31.

Article 31

In India, the first amendment was passed by the provisional parliament in 1951. This was elected than on the basis of a limited franchise. Under this amendment, the statement of reasons stated that there were many challenges related to law related to the land reform and were pending in courts.

 Because of this large schemes of land legislation was held up and there was wasteful litigation. Some of the facts pertaining to the first amendment are: 

1. This amendment inserted articles 31A and 31B.
2. Also, this amendment inserted the ninth schedule for the constitution to protect various land reforms. There were also other laws that were protected from the judicial review.
3. Thus, first, amendment set out the precedent to overcome these judicial pronouncements to implement the policies and programs of the government.
4. Furthermore, it also planned restrictions on various fundamental rights. Added three more grounds restrictions on speech like friendly relations with neighboring states and public order.

Implications of the First Amendment Act

Due to provisions made under article 31, laws that are placed in the ninth schedule is not available to challenge in any court of law. This is made on the ground that they were violated as a fundamental right of the citizens. Also, in this sense, article 31 B is retrospective in nature.

Thus, it means that even a statute that has been declared unconstitutional by the court of law is to there in the schedule. This will be deemed constitutionally valid from its inception date. Thus, it can be said that the judicial decision will become void whenever a statute is included in the schedule.

Because of article 31A, the state has enormous power with respect to the acquisition of the estates. Also, it can take over the management of any property that is corporate in public interest.

That is why it sought out to exclude such acquisitions from the scope of judicial review under articles 19 and 14. Such judicial review was noticed in the judgment of the Supreme Court for kesavananda bharthi in 1973 case.

Under the articles of 31 A, B, and C, it saved land reforms and thereby gave the priority to the implementation of direct principles. Furthermore, it has been noticed that the ninth amendment has been widely misused. There is more 250 legislation that is received under the ninth schedule.

Today it can be said that the ninth amendment has become a constitutional dustbin. It is a house for every controversial law that is passed by the government. When the first amendment was enacted, this situation was not envisaged.  

Reasons for the Enactment of the First Amendment

The Indian citizens right to freedom of expression and speech has been held by some courts. It has been held comprehensive even if a person is culpable of murder or such heinous crime. The main objective behind the agenda was to insert the provision such that the constitutional validity is fully secured.

Practice Questions Saving of Certain Laws

Q. Originally right to property was dealt with by which article?

A. Article 33

B. Article 19

C. Article 31

D. All of the above

E. Both B and C

Answer: E. Both B and C

Q. Out of the following rights, which right is considered as the fundamental right of a citizen?

A. Article 31A

B. Article 31B

C. Article 31C

D. All of the above

Answer: D. All of the above