Following the judicial review of the 42nd Amendment Act in the Minerva Mills case (1980), which of the following Directive Principles of State Policy (DPSPs) retain primacy over the Fundamental Rights guaranteed under Articles 14 and 19?

1. Article 39(b) - Distribution of community's material resources to subserve the common good.
2. Article 39(c) - Prevention of concentration of wealth and means of production to the common detriment.
3. Article 39(a) - Right to adequate means of livelihood for all citizens.
4. Article 39(d) - Equal pay for equal work for both men and women.

Select the correct answer using the code given below:

Question

Following the judicial review of the 42nd Amendment Act in the Minerva Mills case (1980), which of the following Directive Principles of State Policy (DPSPs) retain primacy over the Fundamental Rights guaranteed under Articles 14 and 19?

1. Article 39(b) - Distribution of community's material resources to subserve the common good.
2. Article 39(c) - Prevention of concentration of wealth and means of production to the common detriment.
3. Article 39(a) - Right to adequate means of livelihood for all citizens.
4. Article 39(d) - Equal pay for equal work for both men and women.

Select the correct answer using the code given below:

Accepted Answer

The 42nd Constitutional Amendment Act of 1976 gave precedence to all Directive Principles over Fundamental Rights. However, in the Minerva Mills case (1980), the Supreme Court struck down this provision. As a result, only Article 39(b) and Article 39(c) have been accepted as having primacy over the Fundamental Rights guaranteed under Articles 14 and 19. Other DPSPs do not enjoy such overriding protection over Fundamental Rights.

Answer

Answer