Study Guide · Chapter 14
Saving Clauses
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| Art. | What it saves |
|---|---|
| 31A | Laws relating to acquisition of estates, land reform, and similar agrarian measures, from challenge under Arts. 14 & 19 |
| 31B | Any Act placed in the Ninth Schedule — though now open to Basic Structure review post I.R. Coelho (2007) if enacted or inserted into the Schedule after 24 April 1973 (the date of the Kesavananda Bharati judgment) |
| 31C | Laws enacted to implement the DPSPs in Art. 39(b)/(c), saved from challenge under Arts. 14 & 19 |
| 31D | (Inserted by the 42nd Amdt., 1976, to protect anti-sedition/anti-subversion laws; omitted by the 44th Amdt., 1978 — no longer in force) |
These clauses exist because land-reform and welfare legislation of the 1950s–70s repeatedly ran into Article 14/19 challenges from displaced zamindars and landholders — Parliament kept inserting saving clauses and Ninth Schedule entries to insulate reform legislation, and the courts kept pulling back the scope of that insulation, producing the FR–DPSP conflict narrated below.
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