journal

Article

Analysis

Schrodinger’s Article

In a case about the nature of private property, the top court has had to grapple with an Article that may or may not exist

Vikram Shah

28th Apr 2024

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Analysis

Fundamental Duties: Court in Review

Fundamental Duties are duties that citizens owe to the State. They cannot be enforced in a court of law.

cases

Property Owners Association v State of Maharashtra

The Supreme Court unanimously held that Article 31C as upheld in Kesavananada Bharati (1973) remains in the Constitution after the decision in Minerva Mills (1980). The majority also held that not all privately owned property is a "material resource of the community" in an 8:1 majority.

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