What is the relation between Article 31C and Article 14 of the Indian Constitution?

In 1976, Article 31C was amended, its scope further expanded. As per Article 31 C, the laws made by the state for clause (b) or clause (c) of Article 39 cannot be challenged on the ground that they are voilative of Article 14.

The scope was made much wider than it was before as now, all Directive Principles came to have precedence over Article 14 and Article 19. In Sanjeev Coke Mfg. Co v. Bharat Cooking Coal Ltd., it was stated that “To make it a condition precedent that a law seeking the haven of Article 31 C must be non-discriminatory or based on reasonable classification is to make Article 31C meaningless. If Article 14 is not offended, no one need give any immunity from an attack based on Article 14.” Thus, “where Article 31C comes in, Article 14 goes out.”

Advertisement

Comments