Article 31A saves laws from being challenged and invalidated on the ground of contravention of the f...........

Indian Political System(CSC) Articles, Schedules and Amendment

Article 31A saves laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19. In this context consider the following statements:

1. It immunise a state law from judicial review.

2. It provides for the payment of compensation at market value when the state acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limit.

Which of the above statements is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Statement 1 is incorrect: Article 31A does not immunise a state law from judicial review unless it has been reserved for the president’s consideration and has received his assent. Supplementary notes: Saving of Laws Providing for Acquisition of Estates, etc.

Article 31A saves fi ve categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 (equality before law and equal protection of laws) and Article 19 (protection of six rights in respect of speech, assembly, movement, etc.).

They are related to agricultural land reforms, industry and commerce and include the following:

Acquisition of estates and related rights by the State;

Taking over the management of properties by the State;

Amalgamation of corporations;

Extinguishment or modifi cation of rights of directors or shareholders of corporations; and Extinguishment or modi fi cation of mining leases. Article 31A does not immunise a state law from judicial review unless it has been reserved for the president’s consideration and has received his assent. This Article also provides for the payment of compensation at market value when the state acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limit.