Question 42 of 52 · Fundamental Rights
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Defence

'Saving of laws providing for acquisition of estates, etc.' is the heading of:

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Answer: Option A — Article 31A

Detailed Solution

Article 31A, headed "Saving of laws providing for acquisition of estates, etc.", protects certain categories of laws from being challenged on the ground that they violate the right to equality or the Article 19 freedoms.

How it was added:

  • Article 31A was inserted by the First Constitutional Amendment Act, 1951, along with Article 31B and the Ninth Schedule.
  • It was needed because zamindari abolition laws in several states were being challenged in the courts.

Categories of laws protected by Article 31A:

  • Acquisition of estates by the State and related rights, or their extinguishment or modification.
  • Taking over the management of property by the State for a limited period, in the public interest or for proper management.
  • Amalgamation of corporations in the public interest or for proper management.
  • Extinguishment or modification of rights of directors or shareholders of corporations.
  • Extinguishment or modification of rights under mining leases.

Condition for state laws:

A state law under Article 31A gets this protection only if it has been reserved for the consideration of the President and has received his assent.

Compensation rule:

If a state acquires land held by a person under his personal cultivation within the ceiling limit, it must pay compensation at not less than the market value.

Purpose:

  • It supported land reforms and the abolition of intermediaries such as zamindars and jagirdars.
  • It helped the State re-organise ownership of land and resources for social justice.

Related Articles:

  • Article 31B protects laws placed in the Ninth Schedule.
  • Article 300A now protects the right to property as a constitutional right.

Effect on rights:

Laws covered by Article 31A cannot be challenged under Articles 14 and 19.

Why not the other options?

  • ✗Article 31B deals with the validation of acts and regulations in the Ninth Schedule.
  • ✗Article 32 is the right to move the Supreme Court.
  • ✗Article 300A deals with property as a legal right.

Quick tip

Remember: Article 31A = saving of laws on acquisition of estates (land reform); added by the First Amendment, 1951.

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Fundamental Rights — Preparation

This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.