Saving of laws giving effect to certain directive principles
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part III, Article 31C, printed pages 17–18
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Article 31C protects laws enacted to implement the socio-economic directive principles of Article 39(b) and 39(c) against invalidation under Article 14 or Article 19.
2. What It Means in Everyday Language
Inserted by the 25th Amendment Act, 1971, Article 31C was designed to prioritize the common good over individual economic rights by safeguarding laws that secure Article 39(b) (distribution of material resources to subserve common good) and Article 39(c) (preventing concentration of wealth).
Originally, it included a clause stating that no law containing a declaration of such policy could be questioned in court on the ground that it did not give effect to it. The Supreme Court struck down this unreviewable conclusive declaration in Kesavananda Bharati (1973).
The 42nd Amendment (1976) attempted to extend Article 31C protection to all Directive Principles, but the Supreme Court struck down this extension in Minerva Mills (1980) to preserve the delicate balance between Fundamental Rights and Directive Principles.
Therefore, Article 31C validly protects only laws securing Article 39(b) and Article 39(c), and requires Presidential assent for State legislation.
3. Practical Illustrative Example
Parliament enacts legislation to nationalize coal mines or monopolistic public utilities to ensure equitable distribution of fuel resources under Article 39(b).
4. Important Limits, Qualifications & Exceptions
Article 31C establishes a specific nexus test between the legislation and clauses (b) and (c) of Article 39.
- Protects only against Article 14 and Article 19.
- Applies only to Article 39(b) and 39(c), not all Directive Principles (Minerva Mills).
- Conclusive declaration clause was struck down; courts retain power of judicial review.
- State legislation requires Presidential assent.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part III, Article 31C, printed pages 17–18 • 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 of India • Judgment dated 5 November 2024, Part C, paragraphs 39, 44 and 70–71 • Human source-link check pending
The 5 November 2024 judgment holds that the pre-42nd Amendment protection for laws giving effect to Article 39(b) or (c) continues in force, while the expansion to all Directive Principles and the clause excluding judicial review are unenforceable. This source comparison is AI-assisted; human legal review remains pending.