'Saving of laws giving effect to certain Directive Principles' is the heading of:

Article 31C, headed "Saving of laws giving effect to certain directive principles", protects laws made to implement certain Directive Principles from challenge on the ground that they violate the right to equality or the Article 19 freedoms.

How it was added:

• Article 31C was inserted by the 25th Constitutional Amendment Act, 1971.
• At first, it protected laws made to give effect to the Directive Principles in Article 39(b) and (c).
• Article 39(b) asks the State to distribute the ownership and control of the material resources of the community to serve the common good.
• Article 39(c) asks the State to prevent the concentration of wealth and the means of production to the common detriment.

The original Article had two parts:

• The first part protected such laws from challenge under Articles 14 and 19.
• The second part said that a law containing a declaration that it gives effect to such policy could not be questioned in any court on the ground that it does not give effect to that policy.

Judicial response:

The Supreme Court later upheld the first part but struck down the second part, because it took away judicial review.

Expansion and limitation:

• The 42nd Amendment Act, 1976 extended the protection of Article 31C to laws implementing any of the Directive Principles.
• In the Minerva Mills case, the Supreme Court struck down this extension and restored the original scope.

Significance:

• Article 31C shows the tension between Fundamental Rights and Directive Principles.
• The Supreme Court has said that the Constitution rests on a harmony and balance between the two.

Why not the other options?

• ✗Article 31B protects laws in the Ninth Schedule.
• ✗Article 37 says that Directive Principles are not enforceable by courts but are fundamental in governance.
• ✗Article 39 contains specific Directive Principles on livelihood and distribution of wealth.