ValkyaEditorial

Tagged “directive-principles”

2 articles on directive-principles.

Landmark JudgmentSupreme Court of India

Minerva Mills v. Union of India: how the Supreme Court rolled back the Forty-second Amendment's attack on judicial review

On 31 July 1980, a five-judge Constitution Bench held by 4:1 that Sections 4 and 55 of the Constitution (Forty-second Amendment) Act, 1976 — the provisions that had purported to give the Directive Principles overriding priority over the Fundamental Rights and to immunise Article 368 amendments from judicial review — were unconstitutional. The judgment is the operative authority on the harmony between Fundamental Rights and Directive Principles, on the limits of Parliament's amending power, and on judicial review as part of the basic structure. A digest of the bench, the doctrine, and the constitutional arc.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Property Owners Association v. State of Maharashtra: a nine-judge Bench redraws the boundary of Article 39(b)

On 5 November 2024, a nine-judge Constitution Bench held by 7:2 that not every private property qualifies as a 'material resource of the community' under Article 39(b) of the Constitution — and overruled Sanjeev Coke Manufacturing Co. v. Bharat Coking Coal (1983), which had adopted Justice Krishna Iyer's expansive minority position in Ranganatha Reddy as the rule. The judgment recalibrates the relationship between private property and the State's redistributive power, and sets out a multi-factor inquiry for what falls within Article 39(b)'s reach.

Valkya Editorial··10 min