Can private properties be considered ‘material resources of the community’ under Article 39 (b) of the constitution? Case in Supreme Court? | Current Affairs | Vision IAS
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  • 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,
Tags:
42nd Amendment  Article 39(b) Article 31 C Minerva Mills case of 1980

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