Q22 (CDS-II/2020) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which of the following Articles in the Constitution of India are exceptions to the Fundamental Rights enumerated in Article 14 and Article 19?

Result

Your answer: — · Correct: A

Explanation

Articles 31A and 31C are recognized as significant exceptions to the Fundamental Rights guaranteed under Articles 14 and 19. Article 31A saves five specific categories of laws (such as land reforms and acquisition of estates) from being challenged on the grounds of violating Articles 14 and 19 [2]. Article 31C, inserted by the 25th Amendment Act, 1971, provides that laws enacted to implement the Directive Principles specified in Article 39(b) or (c) cannot be declared void for inconsistency with Articles 14 or 19 [2]. The Supreme Court has famously noted that 'where Article 31C comes in, Article 14 goes out.' While Article 31B also serves as an exception by protecting Ninth Schedule laws from all Fundamental Rights, the specific pairing of 31A and 31C is the standard constitutional answer for exceptions specifically targeting the immunity against Articles 14 and 19 [1].

Sources

[2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > PRESENT POSITION OF RIGHT TO PROPERTY > p. 102
[1] https://www.vtclaw.ac.in/upload/journal/issue-2/19-%20A%20study%20on%20Land%20Acquisition%20and%20Fundamental%20Rights-%20rakeshchandra%20vyas.pdf

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Which of the following Articles in the Constitution of India are exceptions to the Fundamental Rights enumerated in Article 14 and Article 19?

Explanation

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