Exceptions to Fundamental Rights Supremacy
Explore Exceptions to Fundamental Rights Supremacy using diverse variant formats.
Consider the following Assertion and Reasons:
Solution & Analysis
Imagine you are serving as a Supreme Court Justice. The Union Government has passed the 'Equitable Resource Allocation Act' to fulfill Article 39(b). The Act nationalizes private mines. However, a controversial clause in the Act permanently denies the mine owners access to any legal counsel or fair trial during the confiscation process, a clear violation of Article 21. The Attorney General argues that the entire Act is immune from judicial review because of Article 31C. How do you construct your judgment?
Solution & Analysis
Consider the following statements delineating the scope and function of Article 31C:
Solution & Analysis
Quick Recall
Concept Flow Mapping
Concept Question
According to the explicit text of Article 31C, laws implementing the Directive Principles in Article 39(b) and 39(c) are shielded from being invalidated under which two specific Fundamental Rights?
Article 14 (Equality before law) and Article 19 (Protection of six freedoms).
Examiner's Trap
Candidates often fall into two traps: 1) Assuming Article 31C provides a blanket immunity against ALL Fundamental Rights (including Article 21, which it does not). 2) Assuming that Article 31C protects ALL Directive Principles (the 42nd Amendment tried this, but the Minerva Mills case struck it down, restricting the shield exclusively to 39b and 39c).
Core Insight
No. The immunity granted by Article 31C is strictly limited to shielding laws from challenges based solely on Article 14 (Equality) and Article 19 (Freedoms). It provides absolutely zero protection against violations of Article 21, leaving such laws fully subject to judicial review on life and liberty grounds.