Saving of laws in respect of anti-national activities [Omitted]
Official heading: “Saving of laws in respect of anti-national activities”
Inserted by the 42nd Amendment during the 1975–77 Internal Emergency to immunize laws against anti-national activities and associations from challenges under Articles 14, 19, or 31; omitted by the 43rd Amendment to restore constitutional safeguards over speech, assembly, and political associations.
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part III, Article 31D, printed page 18
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
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1. In One Sentence
Article 31D was an emergency-era provision creating sweeping immunity for anti-national activity laws against Fundamental Rights; it was swiftly omitted by Parliament in 1977.
2. What It Means in Everyday Language
Introduced during the Internal Emergency by the Constitution (Forty-second Amendment) Act, 1976, Article 31D sought to immunize laws dealing with "anti-national activities" or "anti-national associations" from challenge under Articles 14, 19, or 31.
Because the definition of "anti-national activity" was extraordinarily broad and vulnerable to executive abuse against political dissent, the incoming Parliament promptly omitted the provision through the Constitution (Forty-third Amendment) Act, 1977.
Article 31D is an important historical landmark illustrating how emergency encroachments on fundamental liberties were constitutionally repealed.
3. Practical Illustrative Example
A citizen is accused under public safety legislation during peaceful political advocacy.
4. Important Limits, Qualifications & Exceptions
Article 31D is completely deleted from the Constitution.
- Omitted by section 2 of the Constitution (Forty-third Amendment) Act, 1977, w.e.f. 13 April 1978.
- Has no legal force or operative application in Indian law.
- Historical reminder of the resilience of constitutional democracy in restoring fundamental rights.
5. Historical constitutional wording — not operative
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 31D, printed page 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.