Published on: 14 July 2023 at 01:10 IST
Court: Supreme Court
Citation: Coal India Ltd. V. Competition Commission of India (2023)
Honourable Supreme Court of India has held that certain Laws (Statues) are provided with constitutional immunity from judicial review under the provision of Article 31B and Article 31C of the Constitution of India. However it is held that the Directive Principles would continue to govern ‘State’, which would include its instrumentalities, having regard to Article 12 read with Article 36 of the Constitution of India as State Actions cannot be unfair or discriminatory fashion.
101. What actually Article 31B and Article 31C purport to provide for is constitutional immunity for the laws covered by the same from challenge on the ground that they fall foul of the Fundamental Rights as provided therein. In other words, the Courts cannot invalidate the laws covered by the said Articles. We may agree with the appellants that apart from providing protection to the laws, the Directive Principles would continue to govern ‘State’, which would include its instrumentalities, having regard to Article 12 read with Article 36. Here, we may notice one aspect. Even where State and its instrumentalities are obliged to follow the Directive Principles, it cannot, in their actions, act in an unfair or discriminatory fashion. Even the appellants agree that judicial review, under Article 226, is permissible.
Drafted By Abhijit Mishra
