- Article 39(b) in the Directive Principles of State Policy (DPSP) says that “the state shall, in particular, direct its policy towards securing- that the ownership and control of the material resources of the community are so distributed as best to subserve the common good”.
- The court will also ponder upon the legal sanctity of Article 31C of the Constitution in the wake of the Minerva Mills judgment.
- Article 31C protects a law made under Articles 39(b) and (c) empowering the State to take over material resources of the community, including private properties, for distribution to subserve the common good.
- Article 39(c) states that “the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment”.
- In the Minerva Mills case of 1980, SC had declared two provisions of the 42nd Amendment which restricted the Judicial Review, as unconstitutional.
- any constitutional amendment from being 'called in question in any court on any ground' and
- accorded precedence to the Directive Principles of State Policy over the fundamental rights of individuals,
- Article 31C protects a law made under Articles 39(b) and (c) empowering the State to take over material resources of the community, including private properties, for distribution to subserve the common good.
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Can private properties be considered ‘material resources of the community’ under Article 39 (b) of the constitution? Case in Supreme Court?
Posted 02 May 2024
2 min read
- Tags :
- 42nd Amendment
- Article 39(b)
- Article 31 C
- Minerva Mills case of 1980
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