Indian Polity — Exceptions to Fundamental Rights, Writs & Martial Law
1. Exceptions to Fundamental Rights
Article 31A: Saving of Laws Providing for Acquisition of Estates
- Saves five categories of laws from being challenged and invalidated on the grounds of contravention of Article 14 and Article 19:
- Acquisition of estates and related rights of the state
- Extinguishment or modification of rights of directors or shareholders of corporations
- Taking over the management of properties by the state
- Extinguishment or modification of mining leases
- Amalgamation of corporations
- Note: Article 31A does not immunise a state law from judicial review unless it has been reserved for the President's consideration and has received his/her assent.
Article 31B: Validation of Certain Acts and Regulations
- Saves the acts and regulations included in the 9th Schedule from being challenged and invalidated on the ground of contravention of any of the Fundamental Rights.
- The scope of Article 31B is wider than Article 31A.
- Kesavananda Bharati Case (1973): SC ruled that acts and regulations in the Ninth Schedule are open to challenge on grounds of being violative of the basic structure of the Constitution.
- I.R. Coelho Case (2007): SC reaffirmed that laws placed under the Ninth Schedule after 24 April 1973 are open to challenge if they violate Fundamental Rights under Articles 14, 15, 19, and 21 or the basic structure.
Article 31C: Saving of Laws Giving Effect to Certain Directive Principles
- Inserted by the 25th Amendment Act of 1971.
- Provisions:
- No law shall be deemed void if it seeks to give effect to Article 39(b) or 39(c) even if it violates Article 14 or Article 19.
- No law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy (This provision was deemed unconstitutional by the court in the Kesavananda Bharati judgment).
- Note: Article 31C does not immunise a state law from judicial review unless it has been reserved for the President's consideration and has received his/her assent.
📝 UPSC PREVIOUS YEAR FOCUS
- Article 31B: Ninth Schedule — Added by 1st Amendment, 1951
- Kesavananda Bharati (1973): Ninth Schedule laws can be challenged if they violate Basic Structure
- I.R. Coelho (2007): Laws in Ninth Schedule after 24 April 1973 are open to challenge
- Article 31C: Inserted by 25th Amendment, 1971 — protects laws implementing Article 39(b) and 39(c)
2. Writs (Article 32 — Right to Constitutional Remedies)
- Dr. B.R. Ambedkar called Article 32 "the most important article of the Constitution — an Article without which this Constitution would be a nullity. It is the very soul of the Constitution and the very heart of it."
- The Supreme Court has ruled that Article 32 is a basic feature of the Constitution.
- It provides that the right to get Fundamental Rights protected is itself a Fundamental Right.
| Writ | Purpose | Can be issued against | Cannot be issued against |
|---|---|---|---|
| Habeas Corpus (to have the body of) |
Direct the release of a person detained unlawfully | • Public authorities • Private individuals |
• Lawful detention • Contempt of legislature/court • Detention outside court's jurisdiction • Detention by a competent court |
| Mandamus (we command) |
Direct a public authority to perform his/her official duty | • Public body • Corporation • Inferior court • Tribunal • Government |
• Private individual/body • Discretionary duty • Contractual obligation • President, Governor • CJ of HC acting in a Judicial capacity |
| Prohibition (to forbid) |
Issued by a higher court to a lower court to prevent exceeding jurisdiction | Judicial, quasi-judicial authorities | Administrative authorities, Legislative bodies, Private individuals or bodies |
| Certiorari (to be certified) |
Issued by a higher court to a lower court to quash the order passed | Judicial, quasi-judicial authorities | Administrative authorities, Legislative bodies, Private individuals or bodies |
| Quo Warranto (by what authority or warrant) |
Prevents illegal usurpation of public office | Substantive public office of a permanent character created by statute or Constitution | Ministerial office or private office |
WRIT JURISDICTION — SUPREME COURT vs HIGH COURT
| Feature | Supreme Court (Article 32) | High Court (Article 226) |
|---|---|---|
| Purpose | Only to enforce Fundamental Rights | To enforce legal as well as Fundamental Rights |
| Issued against | Throughout the territory of India | Within territorial jurisdiction OR outside if cause of action arises within its territorial jurisdiction |
| Right to refuse | N/A — Article 32 is an FR itself | May refuse — remedy is discretionary |
📝 UPSC PREVIOUS YEAR FOCUS
- Article 32: "Soul of the Constitution" — Dr. B.R. Ambedkar
- Habeas Corpus: Against unlawful detention
- Mandamus: Against public authority failing to perform duty
- Prohibition: Only against judicial/quasi-judicial authorities
- Certiorari: To quash orders of lower courts
- Quo Warranto: Against illegal usurpation of public office
3. Difference Between Martial Law and National Emergency
| Feature | Martial Law | National Emergency (Article 352) |
|---|---|---|
| Purpose | Restore order in a specific region during a serious crisis (war, rebellion) when civilian authorities fail. | Address threats to the security of India, caused by war, external aggression, or internal disturbance. Can be declared nationwide or in a specific part. |
| Authority | Martial Law is declared by the Government | National Emergency is declared by the President of India |
| Legal Framework | Relies on military law, regulations, and orders. | Governed by provisions outlined in the Indian Constitution and the Emergency Provisions Act. |
| Impact on Civilian Authority | The military takes over administration and law enforcement. Civilian courts may be suspended. | The civilian government continues to function. Courts operate normally. |
| Duration | No set duration. | Initially for 6 months, extendable for further periods with Parliamentary approval. |
| Fundamental Rights | Can be suspended to varying degrees depending on the situation. | Specific Fundamental Rights can be suspended by the President's order. |
| Parliamentary Oversight | Indirectly subject to parliamentary approval. | Requires approval from both Houses of Parliament after the proclamation. |
| Review and Oversight | Limited Judicial Review, military tribunals often used. | Subject to Judicial Review, oversight by Parliament, and regular reports to the President. |
KEY INSIGHT
- Martial Law: Military takes over civilian administration — not defined in the Constitution.
- National Emergency: Declared by the President under Article 352 — governed by constitutional provisions.
- Martial Law is implicit in Article 34 but not explicitly defined.
4. Rights Outside Part III
- These rights are also referred to as Constitutional, Legal, and Non-Fundamental Rights.
- Article 265: No tax shall be levied or collected except by authority of law.
- Article 300-A: No person shall be deprived of his/her property save by authority of law.
- Article 301: Freedom of Trade, Commerce, and Intercourse.
- Article 326: The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage.
KEY POINTS
- Article 265: No tax without law
- Article 300-A: Right to property (legal right, not fundamental right)
- Article 301: Freedom of trade and commerce
- Article 326: Adult suffrage — elections based on universal adult franchise
5. Summary: Exceptions, Writs & Martial Law at a Glance
| Article / Topic | Key Detail |
|---|---|
| Article 31A | Saves 5 categories of laws (acquisition of estates, etc.) from Articles 14 and 19 |
| Article 31B | Ninth Schedule — wider scope than Article 31A |
| Article 31C | 25th Amendment, 1971 — protects laws implementing Article 39(b) and 39(c) |
| Article 32 | "Soul of the Constitution" — Right to Constitutional Remedies |
| Habeas Corpus | Release from unlawful detention |
| Mandamus | Command public authority to perform duty |
| Prohibition | Prevent lower court from exceeding jurisdiction |
| Certiorari | Quash order of lower court |
| Quo Warranto | Prevent illegal usurpation of public office |
| Martial Law | Military rule — not defined in the Constitution |
| Article 265 | No tax without law |
| Article 300-A | Right to property (legal right) |
| Article 326 | Adult suffrage |
Key Takeaways for UPSC
- Article 31A: Saves 5 categories of laws from Articles 14 and 19
- Article 31B: Ninth Schedule — wider scope than 31A
- Article 31C: 25th Amendment — protects laws implementing Article 39(b) and (c)
- I.R. Coelho (2007): Laws in Ninth Schedule after 24 April 1973 open to challenge
- Article 32: "Soul of the Constitution" — Dr. B.R. Ambedkar
- Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
- Prohibition & Certiorari: Only against judicial/quasi-judicial authorities
- Martial Law: Not defined in the Constitution — implicit in Article 34
- Article 265: No tax without law
- Article 300-A: Right to property (legal right)
High-Yield Interactive UPSC Quiz (Exceptions, Writs & Martial Law)
Q1. Which Article saves laws included in the Ninth Schedule from being challenged?
Correct Answer: B. Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged and invalidated on the ground of contravention of any of the Fundamental Rights.
Q2. The scope of which Article is wider than Article 31A?
Correct Answer: B. The scope of Article 31B is wider than Article 31A as it saves all acts and regulations included in the Ninth Schedule.
Q3. Which writ is used to release a person detained unlawfully?
Correct Answer: B. Habeas Corpus (meaning "to have the body of") is used to direct the release of a person detained unlawfully.
Q4. Which writ CANNOT be issued against administrative authorities?
Correct Answer: C. Prohibition is only issued against judicial and quasi-judicial authorities, not against administrative authorities.
Q5. Which writ prevents illegal usurpation of a public office?
Correct Answer: C. Quo Warranto (meaning "by what authority") prevents illegal usurpation of public office.
Q6. According to the I.R. Coelho Case (2007), laws placed in the Ninth Schedule after which date are open to challenge?
Correct Answer: C. In the I.R. Coelho Case (2007), the Supreme Court held that laws placed under the Ninth Schedule after 24 April 1973 are open to challenge.
Q7. Article 31C was inserted by which amendment?
Correct Answer: C. Article 31C was inserted by the 25th Amendment Act of 1971.
Q8. Who called Article 32 the "soul of the Constitution"?
Correct Answer: C. Dr. B.R. Ambedkar called Article 32 the "soul of the Constitution and the very heart of it."
Q9. Which Article states that "No tax shall be levied or collected except by authority of law"?
Correct Answer: B. Article 265 states that no tax shall be levied or collected except by authority of law.
Q10. The High Court can issue writs under which Article?
Correct Answer: B. The High Court can issue writs under Article 226 for the enforcement of legal as well as Fundamental Rights.