Q. Consider the following statements:
1. Article 31A provides for compensation in case of acquisition of property by the State.
2. Article 31B does not provide protection from Judicial review while Article 31A provides the same.
3. Article 31C seeks to facilitate the implementation of Article 39(b) and Article 39(c).
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer
The First Amendment Act, 1951 inserted Articles 31A and 31B to the Constitution. Article 31C was inserted in the Constitution by 25th Amendment Act, 1971.
Statement 1 is correct: Article 31A saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19. It includes Acquisition of estates and related rights by the State, Taking over the management of properties by the State, Amalgamation of corporations, Extinguishment or modification of rights of directors or shareholders of corporations and Extinguishment or modification of mining leases. It also provides the guaranteed right to compensation in case of acquisition or requisition of the private property by the state.
Statement 2 is incorrect: Article 31B 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. The scope of Article 31B is wider than Article 31A as it immunizes any law included in the Ninth Schedule from the Fundamental Rights (unlike article 31A that protects only five categories). 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.
Statement 3 is correct: Article 31C says that no law that seeks to implement socialistic directive principles specified in Articles 39 (b) and 39(c), shall be declared void on the grounds of contravention of the fundamental rights conferred by Article 14 or Article 19.
