Part III - Fundamental Rights • Article

Article 31D Simplified: Saving of laws in respect of anti-national activities

Article 31D was a highly controversial provision added during the Emergency in 1976. It allowed the government to pass laws banning 'anti-national' groups and activities without those laws being checked or struck down for violating fundamental rights. Fearing this could be used to suppress political rivals, it was officially omitted (repealed) in 1977.

Official Text

Omitted by the Constitution (Forty-third Amendment)Act,1977, s. 2 (w.e.f.13-4-1978).

Simple Meaning

Explain Like Ten

Article 31D was a rule made during a difficult time that let the government ban groups it didn't like. Because this power could easily be misused to ban peaceful people who disagreed with the government, the rule was quickly deleted.

Student Mode

Inserted by the 42nd Amendment Act (1976) during the Emergency. It shielded any law targeting 'anti-national activities' or 'anti-national associations' from constitutional challenges under Articles 14, 19, and 31. It was repealed by the 43rd Amendment Act (1977) to restore judicial review and civil liberties.

Example

Under Article 31D, if the government banned a peaceful political protest group by calling it 'anti-national,' the group could not use their right to free speech (Article 19) to challenge the ban in court. It was deleted to prevent such abuse.

Key Takeaway

The repeal of Article 31D restored the protection of civil liberties against arbitrary state bans.

FAQs

What was the function of Article 31D?

It gave parliamentary laws directed at 'anti-national activities' immunity from constitutional challenges based on fundamental rights.

Which amendment repealed Article 31D?

The 43rd Amendment Act (1977) repealed Article 31D shortly after the Emergency was lifted.