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Report No. 46

27. Question as to how far Article 19 should be over-ridden.-

In regard to Article 31C as at present drafted, there is one point to which we ought to refer. Article 31C as at present drafted provides that, notwithstanding anything contained in Article 13, a law passed to give effect to the policy specified in clause (b) or clause (c) shall not be deemed to be void, inter alia, on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 19. In our opinion, the purpose which Article 31C has in mind would be effectively achieved if, instead of referring to Article 19(1) as a whole, reference is made to Article 19(1)(f) and (g). It is these two clauses that are likely to be contravened by legislation contemplated by Article 31C, and, if a provision is made that no law passed with a view to implementing the policy enunciated in Article 39(b) and (c) contravenes, inter alia, Article 19(1)(f) and (g), that would serve the purpose in view.



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




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