In Minerva Mills v. Union of India, AIR 1980 SC 1789, the Supreme Court held that:
ADPSPs are constitutionally superior to Fundamental Rights and prevail in case of conflict
BParliament can extend Article 31C protection to all the Directive Principles in Part IV
CArticle 31C in its original (pre-42nd) form was unconstitutional in its entirety from inception
Dthe balance between Fundamental Rights and DPSPs is part of the basic structure of the Constitution
Answer & Solution
Correct answer: D. the balance between Fundamental Rights and DPSPs is part of the basic structure of the Constitution
1. Section 4 of the 42nd Amendment had expanded Article 31C to give precedence to ALL Directive Principles over Articles 14 and 19.
2. Minerva Mills struck down that expansion, holding that the BALANCE between Fundamental Rights and DPSPs is part of the basic structure.
3. The Court also struck down clause (4) of Article 368 which had sought to make constitutional amendments unreviewable.
4. Article 31C in its PRE-42nd-Amendment form (Articles 39(b) and 39(c)) survived.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Minerva Mills v. Union of India, AIR 1980 SC 1789_
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