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Article 31B

Validation of certain Acts and Regulations (The Ninth Schedule)

Official heading: “Validation of certain Acts and Regulations”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part III, Article 31B, printed page 17
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1. In One Sentence

Article 31B validates acts and regulations specified in the Ninth Schedule of the Constitution against any inconsistency with Fundamental Rights, subject to basic structure judicial review.

2. What It Means in Everyday Language

Inserted by the First Amendment in 1951 alongside the Ninth Schedule to provide a constitutional vault protecting specified land reforms and socio-economic legislation from being challenged for violating any Fundamental Right in Part III.

Article 31B operates without prejudice to the generality of Article 31A; laws placed in the Ninth Schedule cannot be deemed void merely because they conflict with Part III rights.

In the landmark judgment I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that laws inserted into the Ninth Schedule on or after 24 April 1973 (the date of Kesavananda Bharati) are open to judicial review if they damage or destroy the Basic Structure of the Constitution.

3. Practical Illustrative Example

Everyday Scenario:

A state enactment regulating agricultural tenancy was placed into the Ninth Schedule by a constitutional amendment.

Core takeaway: Under Article 31B, the enactment cannot be invalidated merely on the ground that it violates fundamental rights under Part III, subject to the post-1973 basic structure test.
Illustrative Notice: The Ninth Schedule is no longer an absolute blanket shield: following the 2007 I.R. Coelho ruling, laws added after 24 April 1973 are tested if they infringe basic structure rights.

4. Important Limits, Qualifications & Exceptions

Article 31B provides unique retroactive immunity to specific listed statutes, but is subject to basic structure review.

  • Only statutes explicitly enacted into the Ninth Schedule by constitutional amendments qualify.
  • Judicial review remains operative for laws added after 24 April 1973 under the I.R. Coelho doctrine.
  • A competent legislature retains power to amend or repeal any Act placed in the Ninth Schedule.

5. Operative Constitutional Text

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part III, Article 31B, printed page 17 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

  • •
    Supreme Court PrecedentI.R. Coelho (Dead) By LRs v. State of Tamil NaduSource or archive portal
    Supreme Court of India • (2007) 2 SCC 1; AIR 2007 SC 861; judgment dated 11 January 2007 • Human source-link check pending

    Nine-judge Constitution Bench holding that laws added to the Ninth Schedule after 24 April 1973 are open to judicial review if they damage or destroy the basic structure of the Constitution.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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