Q. In the context of Directive Principles of State Policy, which of the following statement correctly describes the importance of Article 31C?
Exp) Option c is the correct answer
Article 31C has been amended many times for the implementation of DPSPs. The features and significance of the Article is:
Option a is incorrect – Article 31C was inserted in the Constitution by 25th Amendment Act, 1971. It was introduced to overturn the SC judgement in the Golaknath case in 1967. Supreme Court has specified that Fundamental rights cannot be abridged or diluted in any case. The parliament responded again by bringing the 25th Amendment Act of the constitution which inserted Article 31C in Part III.
Option b is incorrect – Article 31(B) protects the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the fundamental rights. However, the Supreme Court in its judgement in the I.R. Coelho case (2007) ruled that even laws under the Ninth Schedule would be open to scrutiny if they violated Fundamental Rights or the basic structure of the Constitution.
Option c is correct – Article 31C says that no law that seeks to implement socialistic directive principles specified in Articles 39 (b) and (c), shall be declared void on the grounds of contravention of the fundamental rights conferred by Article 14 or Article 19. It has been upheld by the Supreme court in Kesavananda Bharti Case, 1973.When the parliament bought 42nd Amendment Act to allow the abridgment for any of the DPSPs, the court nullified it through Minerva Mills Case, 1980 stating there should be balance between DPSPs and Fundamental Right.
Option d is incorrect – Article 39 (c) says that The State shall, in particular, direct its policy towards securing: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
