Introduction
The Right to Property has seen significant evolution within the Indian Constitution. What was once a fundamental right has been modified through amendments and judicial interpretations.
Leading to a nuanced understanding of property rights in India. Articles 31A, 31B, and 31C play a pivotal role in shaping property rights.
Especially in relation to land reforms and state policies promoting social justice. Let’s break down these articles and see how they work in practice.
Article 31A: Safeguarding Land Reforms
Article 31A was introduced to protect laws that aim to bring about land reforms. This article ensures that laws related to the acquisition of estates, land redistribution, or management of property by the state are not invalidated, even if they seem to conflict with fundamental rights like the right to equality under Article 14 or the right to property under the now-repealed Article 19(1)(f).
What Does Article 31A Cover?
Article 31A provides that certain laws, even if they violate fundamental rights, will remain valid if they serve public interest in areas such as:
- Acquisition of Estates: The State can acquire estates or modify rights associated with them.
- Management of Property: The State can take over property management if it’s necessary for public interest or better governance.
- Corporation Amalgamation: Public interest may require the merging of corporations.
- Rights of Shareholders: Modifying voting rights in corporations is allowed if it serves the greater good.
- Oil and Mineral Rights: The State can intervene in agreements related to mineral exploration. Especially if premature termination is in the public interest.
For these laws to stand, they must be ratified by the President, and compensation must be paid if any private land under personal cultivation is acquired.
Also Read: Cultural and Educational Rights
Why Is Article 31A Important?
This article played a crucial role in enabling land reforms across India. It protected laws aimed at redistributing land to the landless, thereby promoting social equality. Without this safeguard, many land reform laws could have been struck down for violating fundamental rights, particularly the right to property.
Article 31B: The Ninth Schedule’s Shield
Article 31B was introduced through the First Constitutional Amendment in 1951 and provides a safety net for certain laws placed under the Ninth Schedule. Laws listed in the Ninth Schedule are immune from being challenged in court for violating fundamental rights.
How Does Article 31B Work?
When certain laws are placed under the Ninth Schedule, they cannot be declared void for being inconsistent with any fundamental rights. This was particularly useful for protecting land reform legislation from being struck down in court.
For example, after the landmark Kesavananda Bharati Case (1973), where the Supreme Court introduced the “basic structure” doctrine, it was made clear that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
However, Article 31B provided protection to laws in the Ninth Schedule even if they conflict with fundamental rights. As long as they did not violate the basic structure of the Constitution.
Key Case Law: I.R. Coelho v. State of Tamil Nadu (2007)
In this case, the Supreme Court ruled that while laws placed in the Ninth Schedule are protected from judicial review, they can still be struck down if they violate the “basic structure” of the Constitution. This ruling ensured that even under the Ninth Schedule, Parliament’s powers are not unlimited.
Article 31C: Prioritizing Directive Principles Over Fundamental Rights
Article 31C, introduced by the 25th Amendment in 1971, further prioritized certain Directive Principles (Part IV of the Constitution) over fundamental rights. It specifically allows laws aimed at implementing Directive Principles in Articles 39(b) and 39(c)—which focus on equitable distribution of resources and prevention of wealth concentration—to override fundamental rights under Articles 14 (right to equality) and 19 (freedom of speech, property rights, etc.).
How Does Article 31C Work?
This article ensures that laws are aimed at achieving social justice. Particularly those promoting an equitable distribution of resources, cannot be challenged in courts for violating the rights to equality and freedom of speech or property. Moreover, if a law declares that it seeks to give effect to these Directive Principles, its validity cannot be questioned in court.
Case Law: Minerva Mills v. Union of India (1980)
The Supreme Court, in the Minerva Mills Case, ruled that while Parliament can amend the Constitution, the extension of Article 31C to protect laws beyond Article 39(b) and (c) was unconstitutional. This is because the amendment compromised the basic structure of the Constitution by giving absolute power to Directive Principles over fundamental rights.
Conclusion
The combined effect of Articles 31A, 31B, and 31C reflects a delicate balance between promoting social justice and protecting individual rights. These provisions were instrumental in enabling land reforms and redistributing wealth, even when such actions conflicted with property rights.
While the right to property is no longer a fundamental right, these articles ensure that state policies aiming for greater equality and social welfare are protected from judicial interference. As long as they don’t tamper with the basic structure of the Constitution.
FAQ:
What is Article 31A in the Indian Constitution?
Article 31A protects laws aimed at land reforms, allowing the state to acquire or manage property for public interest without violating fundamental rights.
What does Article 31B protect?
Article 31B shields laws listed in the Ninth Schedule from being invalidated for violating fundamental rights, with exceptions to maintain the Constitution’s basic structure.
How does Article 31C prioritize Directive Principles?
Article 31C ensures that laws aiming to implement social justice principles in Articles 39(b) and (c) can override the right to equality and freedom of speech.
Also Read: Right To Freedom Of Religion Article 25 to 28
Reference: drishtijudiciary.com