Article 5 - Insertion of new Article 31-D - Constitution (42nd Amendment) Act, 1976

Insertion of new Article 31-D . 5. After Article 31-C of the Constitution and before the sub-heading Right to Constitutional Remedies , the following article shall be inserted , namely: Saving of laws in respect of anti-national activities. 31-D. (1) Notwithstanding anything contained in Article 13, no law providing for ( a ) the prevention or prohibition of anti-national activities; or ( b ) the prevention of formation of, or the prohibition of anti-national associations, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by, Article 14, Article 19 or Article 31. (2) Notwithstanding anything in this Constitution, Parliament shall have, and the Legislature of a State shall not have, power to make laws with respect to any of the matters referred to in sub-clause ( a ) or sub-clause ( b ) of clause (1). (3) Any law with respect to any matter referred to in sub-clause ( a ) or sub-clause ( b ) of clause (1) which is in force immediately before the commencement of Section 5 of the Constitution (Forty-second Amendment) Act, 1976, shall continue in force until altered or repealed or amended by Parliament. (4) In this article, ( a ) association means an association of persons. ( b ) anti-national activity , in relation to an individual or association, means any action taken by such individual or association ( i ) which is intended, or which supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India or which incites any individual or association to bring about such cession or secession; ( ii ) which disclaims, questions, threatens, disrupts or is intended to threaten or disrupt the sovereignty and integrity of India or the security of the State or the unity of the nation; ( iii ) which is intended, or which is part of a scheme which is intended, to overthrow by force the Government as by law established; ( iv ) which is intended, or which is part of a scheme which is intended, to create internal disturbance or the disruption of public services; ( v ) which is intended, or which is part of a scheme which is intended, to threaten or disrupt harmoney between different religious, racial, language or regional groups or castes or communities; ( c ) anti-national association means an association ( i ) which has for its object any anti-national activity; ( ii ) which encourages or aids persons to undertake or engage in any anti-national activity; ( iii ) the members whereof undertake or engage in any anti-national activity. . **************** NOTES:- 1. Shall come into force, w.e.f. 3rd day of January 1977 vide G.S.R. 2(E), dated 3-1-1977.