Saving
of laws giving effect to certain directive principles.
Article 1[31C.
Notwithstanding anything contained in article 13, no law giving effect to the
policy of the State towards securing 2[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 3[article
14 or article 19];
4and 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.]
1Ins. by the Constitution (Twenty-fifth Amendment)
Act, 1971, s. 3 (w.e.f. 20-4-1972).
2Subs. by the
Constitution (Forty-second Amendment) Act, 1976, s. 4, for “the principles
specified in clause (b) or clause (c) of article 39” (w.e.f. 3-1-1977). Section
4 has been declared invalid by the Supreme Court in Minerva Mills Ltd. and
Others vs. Union of India and Others (1980) 2 S.C.C. 591.
3Subs. by the
Constitution (Forty-fourth Amendment) Act, 1978, s. 8, for “article 14, article
19 or article 31” (w.e.f. 20-6-1979).
4In Kesavananda
Bharati vs. The State of Kerala, (1973) Supp. S.C.R. 1, the Supreme Court held
the provision in italics to be invalid.
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