The question (10 marks)
A State Legislature enacts an Act taking over all private cold-storage undertakings in the State and vesting them in a State corporation. The Act's preamble declares that it is for giving effect to the policy of the State towards securing the principles laid down in Part IV of the Constitution. The Act was passed in the ordinary way and was never reserved for the consideration of the President. The owners challenge it as violating Articles 14 and 19(1)(g). The State replies that Article 31C, as printed, bars the challenge and that the legislature's own declaration cannot be questioned in any court. Decide. (10 marks)
MU Module IV; pack ch. 04-a, sections 7 and 8; quickref 04 and 05.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Directive Principles, Fundamental Duties, the Judiciary and Other Provisions of Constitutional Law – I.
Authorities you will need
- Article 31C, Constitution of India
- Article 39(b) and 39(c), Constitution of India
- Articles 14 and 19(1)(g) and 19(6), Constitution of India
- Kesavananda Bharati v State of Kerala
- Minerva Mills Ltd. v Union of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.