Source: Indian Express

Introduction

A nine judges' bench of Supreme Court of India on 23^rd April 2024 commenced the process for the interpretation of Article 39(b) of the Constitution. The question was whether the provisions of Article 39(b) from Directive Principles of state Policy (DPSP) allow government to treat and redistribute privately owned properties under the garb of "material resources of the community" in the name of serving the greater common good.

What is Article 31C of the Constitution of India, 1950?

• Saving of laws giving effect to certain directive principles

Notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or Article 19 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

What is the History of Article 31C?

• 25^th Amendment:
  • Article 31C was added to the Constitution by the 25^th Amendment in 1971.
  • It sought to prevent laws related to the acquisition of private property from being challenged in courts on the grounds that they violated the Fundamental Rights granted by the Constitution.
• Kesavananda Bharati v. State of Kerala (1973):
  • The Supreme Court upheld the validity of Article 31C, allowing laws related to acquisition of private property to be immune from judicial review on grounds of violating Fundamental Rights.
  • However, the court clarified that the power of Parliament under Article 31C is not absolute. Any law seeking to acquire property must ensure that it does not violate the 'basic structure' of the Constitution.
  • The court ruled that the right to property is not part of the basic structure, but the principles of equality, liberty, and judicial review are essential features that cannot be compromised.

What is the Current Status of Article 31C?

Currently, the Supreme Court is deliberating on the validity of Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976, which leverages Article 31C to justify property acquisition for public welfare, notably in Mumbai's cessed properties.

Conclusion

Article 31C stands at the intersection of constitutional interpretation and legal evolution, embodying the enduring quest for equitable governance and social justice. As the Supreme Court has interpreted its complexities, it reaffirms the judiciary's role in safeguarding constitutional principles and upholding the integrity of India's democratic framework.