Facts for Prelims (FFP)
Source: IE
Context: The Supreme Court is hearing a case regarding Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976. This chapter allows the government to acquire dilapidated buildings in Mumbai to distribute resources for the common good, citing Article 39(b).
- The debate revolves around whether private property can be considered a ‘material resource of the community’ under Article 39(b), and if Article 31C still holds validity after the Minerva Mills judgment of 1980.
Article 31C of the Indian Constitution protects laws enacted to distribute material resources of the community for the common good, as outlined in Article 39(b) and (c).
These laws cannot be challenged on the grounds of violating rights under Article 14 (right to equality) or Article 19 (freedom of speech, assembly, etc.).
