The Supreme Court has constituted a nine-judge bench to interpret the Directive Principles of State Policy (DPSP) in the light of ownership and control of physical resources.The purpose of the Preamble of the Constitution is to secure social and economic justice, freedom and equality to all citizens.Part III of the Constitution lists the fundamental rights which guarantee liberty and equality.The Directive Principles of Policy (DPSP) mentioned in Part IV are the principles that the Central and State Governments should follow to achieve social and economic justice.Although unlike the fundamental rights in Part III, the D.P.S.P. Even though they are not maintainable in court, they are fundamental in the governance of the country.Articles 39(B) and 39(C) in Part IV contain principles which are intended to achieve economic justice.
Historical background of property rights
- The Constitution originally guaranteed the right to property as a fundamental right under Article 19(1)(F).
- There is a provision under Article 31 that the state will give compensation in case of acquisition of private property.
- Keeping in view the inadequate resources with the government at the time of independence and to provide greater flexibility in land acquisition for public welfare, various amendments were made curtailing the property rights.
Acquisition of property vs fundamental rights
| Article | Revision and year | Brief summary |
| 31(A) | First Amendment, 1951 | Laws made for the acquisition of property will not be invalid on the ground that they violate fundamental rights including the right to property. |
| 31 (B) | First Amendment, 1951 | Laws placed under the Ninth Schedule were exempted from judicial review on the grounds of violation of any fundamental right.However in the Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule after April 1973 would be subject to judicial review. |
| 31 (C) | 25th amendment, 1971 | DPSP under Article 39(B) and (C). Was given priority. Any law made to carry out these principles shall not be invalidated on the ground that it violates the fundamental rights including the right to property. |
Provision under Article 31(C)
- According to Article 31(C), if the policy directions mentioned in Articles 39(B) and 39(C) are implemented, then they will be declared violative of the fundamental rights of right to equality (Article 14) and freedom of expression (Article 19). But it cannot be challenged.
- According to Article 39(B), the material resources of the community may be distributed for the public good.
- Article 39 (C) provides that the concentration of wealth and means of production should not be such that it is liable to cause public injury.
- Article 39 of the Constitution lists certain Directive Principles of State Policy, which are the guiding principles for the enactment of laws, but are not enforceable by any court.