Article 31B: Constitution of India 

Article 31B: Constitution of India 

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Article 31B: Validation of Certain Acts and Regulations

⚖️ Bare Act Text

“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.”

📜 Footnotes

1. Article 31B was inserted by the 1st Constitutional Amendment Act.
2. It created the Ninth Schedule to protect certain laws from being challenged for violating Fundamental Rights.
3. Initially aimed at protecting land reform laws.
4. Over time, many other laws were added to the Ninth Schedule.
5. Judicial review of Ninth Schedule laws was limited but later restored by the Supreme Court.

🧾 Simple Explanation

Article 31B means:

• Laws placed in the Ninth Schedule cannot be challenged for violating Fundamental Rights
• Even if courts earlier declared such laws invalid, they remain valid

However:

• The Supreme Court has held that such laws can still be reviewed if they violate the basic structure of the Constitution

📌 Key Features

• Provides immunity to certain laws from Fundamental Rights challenges
• Works alongside Article 31A
• Protects laws retrospectively (even past invalidation is cured)
• Linked with the Ninth Schedule
• Subject to basic structure doctrine

⚖️ Important Case Laws

1. Shankari Prasad v. Union of India

• Upheld validity of the First Amendment and Article 31B

2. Waman Rao v. Union of India

• Distinguished laws inserted before and after 24 April 1973

3. I.R. Coelho v. State of Tamil Nadu

• Held that Ninth Schedule laws are subject to basic structure review

🧠 Illustrations

• Land reform law placed in Ninth Schedule → ✔️ Protected
• Law violating equality but in Ninth Schedule → ✔️ Protected (subject to basic structure)
• Law damaging basic structure → ❌ Can be struck down
• Previously invalid law revived by Article 31B → ✔️ Valid

📚 Practical Notes

• Article 31B gives retrospective protection
• Ninth Schedule originally limited, later expanded significantly
• Important concept: Basic Structure Doctrine limits Article 31B
• Must be studied with Articles 31A and 31C
• Frequently asked in UPSC, Judiciary, CLAT

❓ FAQs

Q. What is the Ninth Schedule?
A list of laws protected from Fundamental Rights challenges

Q. Can Ninth Schedule laws be challenged today?
✔️ Yes — if they violate the basic structure

Q. Does Article 31B override all Fundamental Rights?
✔️ Initially yes, but now limited by judicial review

Q. Why was Article 31B introduced?
To protect land reform and welfare legislation

💬 Comments / Legal Insight

Article 31B is a powerful constitutional tool designed to protect socio-economic reforms from legal challenges.

However, the Supreme Court of India has ensured that:

• Parliament cannot misuse it to destroy core constitutional values

Thus, Article 31B represents a balance between:

• Parliamentary supremacy in reforms
• And judicial protection of the Constitution’s basic structure

Article 31B: Constitution of India 

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