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Report No. 46

24. Effect of Article 31C examined.-

However, we ought to emphasise that the effect of Article 31C, as we conceive it to be, is not that, in implementing the principles specified in clauses (b) and (c) of Article 39, Articles 14, 19 and 31 or any of them is intended to be unconstitutionally contravened; it means, as is meant by Article 31B, that enforcement of the relevant Directive Principles by legislative process may involve regulation of the fundamental rights guaranteed by Article 19(1)(f) and (g) and Article 31, but such regulation would inevitably have to be within the limits prescribed by clauses (5) and (6) of Article 19 or by the relevant provisions of Article 31, such as Article 31(2). It is inconceivable that Article 14, properly understood, can ever be violated by any legislation contemplated by Article 31C.

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

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