Exceptions to FR

Article 31A, 31B and 31C


Article 31A: Saving of laws providing for acquisition of estates etc

  • It saves five categories of laws from being challenges and invalidated on the ground of contravention of article 14 and article 19
  1. Acquisition of states and related rights by the state
  2. Taking over the management of properties by the state
  3. Amalgamation of corporations
  4. Extinguishment or modification of rights of directors or shareholders of corporations and
  5. Extinguishment or modification of mining leases


Drawback of Sanskrit drama
Remember: This does not immunize a state law from judicial review unless it has been reserved for the president’s consideration and has received his assent


Article 31B: Validation of certain acts and regulations

  • It saves the acts and regulations included in the 9th schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights
  • SC in one of its judgment ruled that there could not be any blanket immunity. Laws enacted after Keshavananda Bharati judgment can be challenged in court if they violate FRS guaranteed by 14, 15, 19 and 21


Article 31C: Saving of laws giving effect to certain directive principles

  • It contains following two provisions:
  1. No law shall be deemed void if it seeks to give effect article 39 (b) or 39 (c) even if it violates Article 14 or article 19
  2. Barring of courts to question such laws made so that it does not give effect to such a policy. (This provision was deemed unconstitutional by the court in the Keshavananda Bharati judgment)


Remember: 42nd amendment act was enacted to ensure that the blanket immunity provided under article 31C (1) was extended to every DPSP. However, the SC declared this unconstitutional in the Minerva Mills case