Article 31B of constitution of India PDF

Preview

Summary

Article 31B of constitution of India...

Description

Article 31B of constitution of India This article is also the result of the 1st Amendment Act of 1951. It is in reference with the acts and laws mentioned in the IX Schedule of the Indian Constitution. The IX Schedule of Indian Constitution is a list of acts and laws which cannot be challenged in the court of law. In other words, any such acts mentioned in this schedule are out of the reach of the Indian judiciary. Article 31b of Indian Constitution states that the provisions mentioned in Article 31a are immune from Indian judiciary and cannot be nulled on the basis that they might violate the fundamental rights mentioned in Articles 14, 19 and 31 of Indian Constitution. This was challenged in the Waman Rao case. On 24th April 1973, the Supreme Court ruled that the acts and laws mentioned in the IX schedule till date, shall not be changed or challenged, but any attempt to amend or add more acts to that schedule, will suffer close inspection and examination by the judiciary system. This was done to protect the ‘Basic structure’ of the Indian Constitution. The acts already mentioned in the 9th Schedule of Indian Constitution were exempted because of the complexity. Article 31B of constitution of India: Validation of certain Acts and regulations  In this Article it was ruled out that if any Act present in the ninth schedule is inconsistent with the provisions or which resist any decree or order, will be left on the competent authority to decide if it will continue to in force or will be void.  Anything contained in this Article will not undermine anything contained in Article 31A.  This Article provides blanket protection to the laws contained in the XI schedule.  It has retrospective effect.

1|P a ge

Compil Compiled ed By Davaar msa...