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Article 31C

Published: 3rd May, 2024

Context

A nine-judge Constitution Bench resumed hearings in the case to determine whether private property falls under the ambit of Article 39(b), a Directive Principle of State Policy. The case also involves the question of the constitutional position of Article 31C.

About

  • Article 31C, a saving clause, was added by the 25th Constitutional Amendment and served two purposes.
    • To start: It stated that legislation passed in order to implement Article 39(b) and (c) could not be invalidated because they conflict with Articles 14 and 19.
    • Secondly, it prevented a law of that kind from being refused legal standing on the grounds that it failed to "give effect" to the two

Fact Box: Article 39(b)

  • The state is required by Article 39(b) to focus its policies on ensuring that "the ownership and control of the community's material resources are so distributed as best to subserve the common good."

Verifying, please be patient.

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