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Report No. 46

14. Clause 3 of the Bill.-

This takes us to clause 3 of the Bill. It reads thus-

"3. After Article 31B of the Constitution, the following shall be inserted, namely,

31C. Notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing the principles specified in clause (b) or clause (c) of Article 39 shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14, Article 19 or Article 31; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy.

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent."

By introducing this clause, Parliament is taking the first major and significant step towards implementing two of the Directive Principles enshined in clause (b) and (c) of Article 39 in Part IV of the Constitution, and, in that sense, the clause under consideration can be appropriately described as historic. After it is adopted, Parliament will have heralded a new era in the pursuit of the goal placed before the nation by the Constitution to establish social and economic justice in this country. The Commission is in full agreement with this object of the clause.



The Constitution (Twenty-Fifth Amendment) Bill, 1971 Back




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