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Consider the following statements:

I. Through 44th Constitutional Amendment, 1978, all the Directive Principles of State Policy have been given preference over Fundamental Rights mentioned in Articles 14 and 19.

II. Supreme Court has laid down in its verdict in Minerva Mills case, 1980 that the preference given only to Directive Principles of State Policy mentioned in Article 39(b) and (c) over Fundamental Rights mentioned in Articles 14 and 19 is Constitutional.


1. Only I is correct.
2. Only II is correct.
3. Both I and II are correct.
4. Neither I nor II is correct.

1 Answer

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Correct Answer - Option 2 : Only II is correct.

The correct answer is Both I and II are correct.

  • Under the 42nd Constitutional Amendment, all the Directive Principles continued to enjoy primacy over fundamental rights given under Articles 14, 19 and 31. Hence statement 1 is not correct.
  • By 44th Amendment, the Right to Property was excluded from the list of fundamental rights and Articles 19 (1) (f) and Article 31 connected with this right were deleted.
  • Supreme Court in his judgement on Minerva Mills case, 1980, by a majority of 4:1, the Court held Section 4 of the Constitution (42nd Amendment) Act, 1976 as being unconstitutional on the ground of violation of the basic structure. Similarly, Section 55 of the Constitution (42nd Amendment) Act, 1976 was held unconstitutional unanimously.
  • This case substantiated the ‘basic structure doctrine by emphasizing the importance of the balance between fundamental rights and DPSP as being a part of the basic structure of the constitution. This case has further broadened the concept of the ‘basic structure’ of the constitution which has ensured the survival of the fundamental aspects over which the constitution is based upon.
  • The primacy is given to the Directive Principals of State Policy over the fundamental Rights.
  • The Nationalization Act under section 39 declared that it gave effect to the policy of the State in implementing the principles given in Article 39 (b). Moreover; no argument was placed by the petitioner to counter this statement of purpose.
  • The Nationalization Act comes under the umbrella of Article 31 C, the petitioners were held not entitled to challenge the constitutional validity thereof on the ground of violation of the provisions of Articles 14 and 19 of the Constitution. Hence statement 2 is correct.

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