Part V: The Union

The Union Judiciary

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

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[131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.]

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

[Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 23 (w.e.f. 1-2-1977).]

Explanations

Article 131A was introduced to grant the Supreme Court exclusive jurisdiction over matters concerning the constitutional validity of Central laws. This provision was added through the Constitution (Forty-second Amendment) Act, 1976, but was later omitted by the Constitution (Forty-third Amendment) Act, 1977, reflecting the evolving legal framework of India. The article's inclusion and subsequent removal underscore a period of legal and political transitions in Indian governance.

Clause-by-Clause Explanation

1. Introduction by the Forty-second Amendment, 1976

Article 131A was inserted by the Constitution (Forty-second Amendment) Act, 1976, to ensure that the Supreme Court, and not any other court, had the exclusive right to decide the constitutional validity of any Central laws. This was part of the broader amendments aimed at centralizing power and reducing judicial intervention, reflecting the political atmosphere during the Emergency (1975–1977) under Prime Minister Indira Gandhi’s leadership.

2. Omission by the Forty-third Amendment, 1977

The provision was later omitted by the Constitution (Forty-third Amendment) Act, 1977, which came into effect on 13 April 1978. The removal of Article 131A was a response to the backlash against the centralizing tendencies introduced during the Emergency period. The post-Emergency Janata Party government, led by Morarji Desai, aimed to restore a balance of power between the judiciary and the executive by rolling back several provisions of the Forty-second Amendment.

Real-Life Examples and Historical Significance

• Emergency Era and Centralization: The introduction of Article 131A is closely tied to the events during the Emergency period. Various constitutional amendments were made to concentrate power in the Central government and diminish the judiciary’s independence. For example, laws like the Maintenance of Internal Security Act (MISA) were passed, and the judiciary’s role in scrutinizing these laws was limited.
• Post-Emergency Reforms: The Forty-third Amendment, which repealed Article 131A, reflected a shift in governance philosophy after the Emergency. The Janata Party government sought to reinstate judicial independence and federal principles by reversing some of the legal changes made during the Emergency. The removal of Article 131A ensured that high courts retained their ability to rule on the constitutionality of Central laws, reinforcing the decentralized judicial structure in India.

Historical References and Employment of Sources

The introduction of Article 131A was part of the broader political agenda during the Emergency, influenced by the Swaran Singh Committee, which suggested several constitutional changes aimed at consolidating executive power. The subsequent removal of the article in 1978 demonstrated the influence of the judiciary and public opinion, as legal scholars and politicians criticized the excessive centralization of powers during the Emergency. Justice H. R. Khanna’s dissent in the ADM Jabalpur case, which questioned the erosion of fundamental rights during the Emergency, is often cited in this context.

Legislative History

Article 131A was inserted by the Constitution (Forty-second Amendment) Act, 1976, and later omitted by the Constitution (Forty-third Amendment) Act, 1977, which came into effect on 13 April 1978.

Debates and Amendments

The introduction of Article 131A sparked considerable debate. The Swaran Singh Committee, responsible for many of the recommendations during the Emergency, justified the centralization of power as a means of ensuring uniformity in the application of laws. However, the post-Emergency period saw significant criticism of these amendments. The Forty-third Amendment was introduced by the Janata Party government to restore a more balanced federal structure, allowing high courts to retain their power to rule on Central laws' constitutionality.

References

• Constitution of India, Article 131A (Omitted).
• Constitution (Forty-second Amendment) Act, 1976.
• Constitution (Forty-third Amendment) Act, 1977.
• Justice H. R. Khanna's Dissent in the ADM Jabalpur Case.