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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?
1. Article 31A and Article 31C
2. Article 31B and Article 31D
3. Article 12 and Article 13
4. Article 16 and Article 17

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Correct Answer - Option 1 : Article 31A and Article 31C

The correct answer is Article 31A and Article 31C.

  • Article 31A and Article 31C are exceptions to the fundamental rights enumerated in Articles 14 and 19.
  • Article 31A of the Indian Constitution was immune to Article-14 and 19 of the Indian Constitution that provides for the Right to Equality and the Right to Freedom, respectively.
  • Article 31 (C) of the Indian Constitution was included through the 25th Amendment Act of 1971 through which the government gave primacy to some Directive Principles of State Policy over the Fundamental Rights.
  • This means that any law falling under the ambit of Article 31A (e.g., a law for agrarian reform), or Article 31C, cannot be invalidated by any Court on the ground that it contravenes any of the fundamental rights guaranteed by Article 14 (equality before law), Article 19 (freedom of expression, assembly, etc.).

  • The six Fundamental Rights are enshrined in Part III (Articles 12 to 35) of the Indian Constitution.
    • Right to Equality (Article 14-18)
    • Right to Freedom (Article 19-22)
    • Right against Exploitation (Article 23-24)
    • Right to Freedom of Religion (Article 25-28)
    • Cultural and Educational Rights (Article 29-30)
    • Right to Constitutional Remedies (Article 32)
  • Article 14 states that "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."
  • Article 19 deals with the protection of six rights regarding freedom of speech and expression, assembly, association, movement, residence, and profession.
  • The Right to property guaranteed by Article 31 was removed as a Fundamental Right by the 44th Constitutional Amendment (1978).
  • Thus, the Right to Property has now become a legal right only.
  • Articles 31A, 31B, and 31C deal with the property right and they are exceptions to the Fundamental Rights.
  • Article 31A
    • Contains laws regarding the acquisition of any estate or right by the government or management of any property.
  • Article 31B
    • States that the acts which are present in the ninth schedule and are inconsistent with the provisions laid down by the constitution or resist any decree or order will be left on the competent legislature to amend, revoke, or to let it be in force.
  • Article 31C
    • States that no law which gives effect to the provisions contained in Article 39B and Article 39C can be challenged under Article 14, Article 19, or Article 31.

  • Article 12 Definition of states.
  • Article 13 Laws inconsistent with or in derogation of the fundamental rights.  
  • Article 16 Equality of opportunity in matters of public employment.
  • Article 17 Abolition of Untouchability.

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