⚖️ Constitutional Notes for Judiciary Exams

Presented below is the original text exactly as provided, with styling for clarity and emphasis.

Topics:		FUNDAMENTAL   RIGHTS
•	Acquisition  of Estates
•	Validation of Acts and Regulations                            
•	Precedence to some DPSPs                                        
•	Right  To  Constitutional  Remedies                                
•	Restrictions of Fundamental Rights                            
•	Martial Law                                        
•	Laws to be made by Parliament only 

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a short Note on the provisions of Article 31A to 35 .

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FUNDAMENTAL      RIGHTS 

ACQUISITION  OF  ESTATES
Article 31A
•	A law providing for acquisition by State
o	of any estate or of any rights therein
•	shall not be void
o	even if it takes away or abridges rights conferred by Article 14 or 19

•	A law providing for taking over
o	of management of any property by State for a limited period
o	in public interest or to secure proper management of property
•	shall not be void
o	even if it takes away or abridges rights conferred by Article 14 or 19

State law requires Presidential assent
•	If such law is made by State Legislature:
•	to get benefit under this article
o	it should have been reserved for consideration of President and
o	should have received his assent

Land under personal cultivation
•	Where a law provides for
o	acquisition of any land held by a person under his personal cultivation
•	it should provide for
o	payment of compensation
o	at a rate which shall not be less than market value

Validation of Acts and Regulations                            
Article 31B
•	An Act or Regulation
o	specified in the Ninth Schedule
•	shall not be deemed to be void
o	even if it is inconsistent with or takes away or abridges
o	any of the rights conferred by Part III

Current Legal Status of Ninth Schedule
•	Landmark Supreme Court Judgment on article 31B:
o	IR Coelho       v.         State of TN      [2007 SC]
Decision
•	All Acts and Regulations
o	included in Ninth Schedule after SC decision in Keshavanand Bharti case [after 24th April 1973]
•	would have to be tested on the touchstone of basic structure doctrine
o	for determining their constitutional validity


Precedence to some DPSPs                                        
Article 31C:      As inserted originally by the 25th Amendment:
•	A law 
o	giving effect to the principles laid down in articles 39(b) and (c)
•	shall not be void
o	even if it takes away or abridges rights conferred by Article 14 or 19

Amended Article 31C:        As amended by the 42nd Amendment:
•	A law giving effect to any of the DPSPs
•	shall not be void
o	even if it takes away or abridges rights conferred by Article 14 or 19

Current legal status
•	Landmark Case Law on Article 31C
o	Minerva Mills       v.         Union of India      [1980 SC]
Decision
•	Changes made in article 31C by the 42nd Amendment
o	were held to be unconstitutional
•	Original article 31C
o	was held constitutionally valid

Second clause of Article 31C
•	Law declaring that
o	this law is for giving effect to the principles laid down in articles 39(b) and (c)
•	shall not be called in question in any court
o	on ground that it does not so give effect

Current legal status
•	This provision has been held unconstitutional
o	in Minerva Mills case
•	as it militates against the basic feature of judicial review

State law requires Presidential assent
•	If such a law is made by State Legislature:
•	to get benefit under this article
o	it should have been reserved for consideration of President
o	and should have received his assent
RIGHT  TO  CONSTITUTIONAL  REMEDIES                                
Article 32
•	The right to move the Supreme Court
o	for enforcement of rights conferred by Part III
o	is guaranteed
•	Supreme Court has power
o	to issue directions, orders or writs
o	for enforcement of any of the rights conferred by this Part
Note: 
•	This Article was described by Dr Ambedkar as the “heart and soul” of our Constitution.
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Restrictions of Fundamental Rights                            
Article 33
•	Parliament may, by law, restrict or abrogate
o	any right conferred by Part III
•	to ensure
o	proper discharge of duties and
o	maintenance of discipline for
	members of armed forces
	members of public order maintenance forces
	persons in any intelligence or counter-intelligence organizations
	persons in telecom services for these forces and organizations 
Enactment under this article:
•	Police Forces (Restrictions of Rights) Act, 1966

Scope:
•	This article empowers Parliament
o	to restrict or abrogate application of Fundamental Rights
o	for armed forces, paramilitary forces, police, etc.

Martial Law                                        Article 34
•	Parliament may, by law, indemnify any govt servant
o	for any act done by him
o	in maintenance or restoration of order
o	in any area where martial law was in force

Scope of article 34
•	This article is primarily concerned with
o	granting indemnity by law
o	in respect of acts done during operation of martial law
•	It does not authorize proclamation of martial law


Laws to be made by Parliament only
Article 35
•	Parliament shall have power to make laws
o	under articles 16(3), 32(3), 33 and 34
•	but State Legislatures shall not have such power

•	Parliament has power to make laws for prescribing punishment
o	for acts declared as offences in this Part [articles 17, 23]
•	but not State Legislatures

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