Article 31 of the constitution of India

Article 31 of The Constitution of India (Original Text) :

  • 31A. Saving of laws providing for acquisition of estates, etc.- Notwithstanding anything contained in article 13, no law providing for-
    • (a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or
    • (b) the taking over of the management of any property by the State for a limited period either in the public interest or in order to secure the proper management of the property, or
    • (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or
    • (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof,
    • (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or license,
  • 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 ‘[article 14 or article 19]:
  • Provided that where such law is a law 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:
  • Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.
  • (2) In this article,—
    • (a) the expression “estate” shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include
      • (i) any jagir, inam or muafi or other similar grant and in the States of 4[Tamil Nadu] and Kerala, any janmam right;
      • (ii) any land held under ryotwari settlement;
      • (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;
    • (b) the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure- holder, [raiyat, under-raiyat] or other intermediary and any rights or privileges in respect of land revenue.
  • 31B. Validation of certain Acts and Regulations.—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.
  • 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 [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 “[article 14 or article 19;] [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.]
  • 31D. [Saving of laws in respect of anti-national activities.].—Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 2 (w.e.f.13-4-1978).

Explanation-Article 31 of The Constitution of India:

Article 31A of The Constitution of India: Simplified

Protection of certain laws relating to the acquisition of estates and rights

Despite what Article 13 states, no law will be invalid if it:

(a) Allows the State to acquire any estate or rights within it, or modifies/extinguishes these rights.

(b) Lets the State temporarily manage property in public interest or to ensure proper management.

(c) Merges two or more corporations for public interest or better management.

(d) Modifies or extinguishes rights of managing agents, directors, or shareholders in corporations.

(e) Modifies or cancels rights from agreements, leases, or licenses for searching or extracting minerals or mineral oil.

These laws won’t be void even if they conflict with rights in Article 14 or Article 19, provided:

  • If the law is made by a State Legislature, it must receive the President’s approval.
  • The State can’t acquire personally cultivated land within the legal ceiling limit without fair compensation.

Article 31B: Simplified

Validation of certain Acts and Regulations

Acts and regulations listed in the Ninth Schedule are valid even if they conflict with fundamental rights in Part III, despite any court ruling to the contrary. These laws remain in force unless repealed or amended by the legislature.

Article 31C: Simplified

Protection of laws aimed at implementing Directive Principles

No law that enforces Directive Principles in Part IV will be invalid, even if it conflicts with rights in Article 14 or Article 19. Laws claiming to implement these principles can’t be questioned in court for not fulfilling this policy, provided:

  • If such a law is made by a State Legislature, it must receive the President’s approval.

Article 31D

Note: This article was about laws related to anti-national activities and has been omitted.

Article 31 Competitive Quiz

Test yourself for better results!

1 / 5

Where are the Acts and Regulations validated by Article 31B listed?

2 / 5

What does Article 31B of the Indian Constitution ensure?

3 / 5

Article 31A requires the approval of which authority for State Legislature laws to be valid?

4 / 5

According to Article 31A, which of the following is NOT covered for protection from being declared void?

5 / 5

What does Article 31A of the Indian Constitution primarily deal with?

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