Article 31B of Constitution of India – Validation of certain Acts and Regulations
Article 31B of Constitution of India deals with Validation of certain Acts and Regulations
Original text of Article 31B of Constitution of India
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.
Questions related to Article 31B of Constitution of India
Article 31B protects certain laws listed in the Ninth Schedule of the Constitution of India from being challenged in court for violating Fundamental Rights. It gives them immunity from judicial review.
Many land reform and agrarian laws were added to the Ninth Schedule to shield them from legal challenges under Fundamental Rights. Article 31B ensures these laws remain valid, even if they conflict with other Articles of Indian Constitution.
Yes, but only to a limited extent. After the I.R. Coelho case (2007), the Supreme Court ruled that laws in the Ninth Schedule can still be struck down if they violate the basic structure of the Constitution, as seen in various rulings on Indian Kanoon.
Not really. Article 31B works in tandem with Article 31A and the Ninth Schedule. Together, they were designed to support socio-economic reforms without constant legal obstacles under the Indian Constitution.
You can explore Indian Kanoon for landmark cases like I.R. Coelho v. State of Tamil Nadu, which explain how Article 31B interacts with the Fundamental Rights and the Constitution of India.
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