Results for: Fundamental Rights

The Property Owners Association vs State of Maharashtra case before the Supreme Court of India raises pivotal questions regarding the scope of fundamental rights and the role of Directive Principles of State Policy (DPSPs) in lawmaking. The case seeks to define the term “material resources of the community” under Article 39(b) of the Constitution and determine whether laws enacted to secure these resources are immune from challenges based on equality and freedom rights. The tension between DPSPs and fundamental rights has been a contentious issue in Indian constitutional history, with the balance between them shifting over time. Article 31C, introduced in 1971, initially granted immunity to certain laws from judicial review on grounds of Article 14 (equality) and Article 19 (freedoms), but its scope has been contested and remains subject to interpretation. The Supreme Court’s decision in this case will have significant implications for the future of the Constitution and the relationship between rights and governance in India.

The Bombay High Court ruled that public sector banks do not have the authority to issue ‘Look Out Circulars’ (LOCs) against Indians and foreigners based on the central government’s office memoranda. The court deemed the delegation of authority to bank managers as arbitrary, while acknowledging that the memoranda themselves are not unconstitutional. The ruling clarified that this decision does not affect existing travel restrictions issued by tribunals or criminal courts.