- 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?
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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