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Difficulty: Very hardFundamental Rights, Directive Principles, and Fundamental Duties

With reference to the Indian Constitution and its judicial evolution regarding the relationship between Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV), consider the following statements:

1. Article 31C, introduced by the 25th Constitutional Amendment Act, 1971, protected laws giving effect to the Directive Principles specified in Article 39(b) and Article 39(c) from being declared void on the ground of inconsistency with Article 14 or Article 19.
2. The 42nd Constitutional Amendment Act, 1976, expanded the protective shield of Article 31C to cover laws giving effect to any Directive Principle enumerated in Part IV of the Constitution.
3. In the Minerva Mills case (1980), the Supreme Court upheld this expanded scope of Article 31C introduced by the 42nd Amendment, affirming the absolute supremacy of Directive Principles over Fundamental Rights.

Which of the statements given above are correct?

  1. 1 and 2 onlyAnswer
  2. B
    1 and 3 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 2 only are correct.
The statement combination '1 and 2 only' is correct. The 25th Amendment (1971) introduced Article 31C protecting Article 39(b) and (c) implementation from Article 14 and 19 challenges. The 42nd Amendment (1976) attempted to widen this immunity to all Directive Principles under Part IV. However, in Minerva Mills v. Union of India (1980), the Supreme Court struck down this broad extension, affirming that harmony between Fundamental Rights and Directive Principles forms part of the basic structure of the Constitution.

Step-by-Step Solution

1
Evaluate Statement 1 regarding the 25th Constitutional Amendment Act, 1971.
Statement 1 is correct. The 25th Amendment inserted Article 31C, which declared that no law implementing Directive Principles under Article 39(b) and 39(c) could be struck down for violating Articles 14, 19, or 31.
This provision aimed to secure social justice by preventing legal challenges to wealth redistribution and resource control laws.
2
Evaluate Statement 2 regarding the 42nd Constitutional Amendment Act, 1976.
Statement 2 is correct. The 42nd Amendment extended immunity under Article 31C to laws giving effect to ANY Directive Principle in Part IV, not just Article 39(b) and 39(c).
The government sought to give parliamentary primacy to all DPSP implementation over Fundamental Rights.
3
Evaluate Statement 3 regarding the Minerva Mills Case (1980).
Statement 3 is incorrect. The Supreme Court invalidated section 4 of the 42nd Amendment (which expanded Article 31C), holding that conferring absolute supremacy to Directive Principles over Fundamental Rights destroys the basic structure of the Constitution.
The Court established that Part III and Part IV are built on a system of balance and harmony, neither being absolute over the other.

Key Concept

Harmony and Balance between Fundamental Rights and Directive Principles of State Policy (Article 31C and Minerva Mills Doctrine)
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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