Part V - The Union • Article

Article 131A Simplified: Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws

Article 131A was an Emergency-era rule that stripped all High Courts of their power to decide if a central (national) law was constitutional, giving that power exclusively to the Supreme Court. This made it very expensive and difficult for ordinary citizens, who had to travel to New Delhi to challenge any national law. It was officially omitted (repealed) in 1977.

Official Text

Omitted by the Constitution (Forty-third Amendment)Act, 1977, s. 4 (w.e.f. 13-4-1978).

Simple Meaning

Article 131A was an Emergency-era rule that stripped all High Courts of their power to decide if a central (national) law was constitutional, giving that power exclusively to the Supreme Court. This made it very expensive and difficult for ordinary citizens, who had to travel to New Delhi to challenge any national law. It was officially omitted (repealed) in 1977.

Explain Like Ten

This was a rule that said only the biggest court in the country's capital could check central laws. Because it was too hard for regular people to travel all the way to Delhi for help, we deleted this rule so local state courts can check central laws too.

Student Mode

Inserted by the 42nd Amendment Act (1976). It stripped High Courts of their jurisdiction to rule on the constitutional validity of Central laws and gave exclusive jurisdiction to the Supreme Court. Repealed by the 43rd Amendment Act (1977) to restore the judicial hierarchy and ease access to justice.

Example

If a national tax law violated your rights, under Article 131A you could not file a case in your local High Court in Mumbai or Chennai to strike it down. You were forced to file in the Supreme Court. The repeal restored the High Courts' authority.

Key Takeaway

The omission of Article 131A decentralized constitutional justice, restoring the High Courts' role in reviewing national laws.

FAQs

What did Article 131A do?

It took away the power of state High Courts to declare Central (union) laws unconstitutional, reserving that power solely for the Supreme Court.

Why was Article 131A repealed?

It was repealed because forcing all central law challenges to go to Delhi created immense geographic and financial barriers for citizens.

Quiz

Under the defunct Article 131A, which court had exclusive power to rule on the validity of Central laws?

Answer: Supreme Court

Which amendment repealed Article 131A to restore High Court jurisdiction?

Answer: 43rd Amendment

Related Topics

  • Article 130
  • Article 132