SC's 9-Judges bench is hearing a 30-year-old case to determine if private properties come under 'Material Resources Of Community'
10 months, 3 weeks ago

SC's 9-Judges bench is hearing a 30-year-old case to determine if private properties come under 'Material Resources Of Community'

Op India  

On 23rd April, a 9-Judges Constitution Bench of the Supreme Court of India commenced the hearing to examine if material resources of the community may include privately owned resources under Article 39 of the constitution. With the law, the question came to the fore if privately owned properties could be seen as “material resources of the community” as mentioned in Article 39 of the Constitution. As per the judgment delivered by Justice Krishna Iyer, material resources of the community covered everything including natural and man-made resources, publicly or privately owned. The court said, “We have some difficulty in sharing the broad view that material resources of the community under Article 39 covers what is privately owned.” Bench refuses to reopen discussion on law under Article 31C of the Constitution Notably, there is one important aspect of the case as a question was raised among the bench if the decision in the Kishavananda Bharati case should be revisited or not.

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History of this topic

Supreme Court Overturns Krishna Iyer Doctrine on Private Property Rights and Material Resources
4 months, 1 week ago

Supreme Court Overturns Krishna Iyer Doctrine on Private Property Rights and Material Resources

The Hindu  

Published : Nov 09, 2024 15:24 IST - 6 MINS READ Legal scholar Upendra Baxi described Justices V.R. On November 5, the Supreme Court’s nine-judge Constitution Bench delivered a judgement that denounced Justice Krishna Iyer’s contribution, specifically his concurring opinion in State of Karnataka v. Ranganatha Reddy. The interpretation of Article 39 adopted in Sanjeev Coke and Ranganatha Reddy and …

​All or any: on resources and Supreme Court verdict
4 months, 1 week ago

​All or any: on resources and Supreme Court verdict

The Hindu  

That the Constitution has an economic philosophy rooted in socialist principles, mainly embodied in its Directive Principles of State Policy, is well understood. The state’s obligation to ensure that the ownership and control of “material resources of the community are so distributed as to subserve the common good” and to prevent the working of the economic system to the common …

The Supreme Court verdict on private property rights and its implications | Explained
4 months, 2 weeks ago

The Supreme Court verdict on private property rights and its implications | Explained

The Hindu  

In an 8:1 majority ruling, a nine-judge Constitution Bench of the Supreme Court on November 5, 2024 held that not all private property can be deemed “material resource of the community” under Article 39 of the Constitution for acquisition and redistribution by the government. The majority opinion underscored that not all private property would fall within the ambit of Article …

SC on private property: What it means for welfare
4 months, 2 weeks ago

SC on private property: What it means for welfare

Live Mint  

The Supreme Court has ruled that not all private property can be considered “material resources of the community" under the Constitution. Chandrachud, the court noted that not all private property can be classed as a “material resource" for public distribution under Article 39 of the Constitution. The majority ruling overrules past judgments that extended the concept of “material resources of …

Not every private property can be acquired by state, rules Supreme Court
4 months, 2 weeks ago

Not every private property can be acquired by state, rules Supreme Court

Live Mint  

A nine-judge constitution bench of the Supreme Court on Tuesday ruled that the state can't classify every privately owned property as a “material resource of the community”. Previous judgements The landmark ruling rejected previous judgments, particularly Justice Krishna Iyer's minority ruling in the Ranganath Reddy case, which suggested that privately owned resources could be considered material resources of the community. …

Can Private Resources Be Acquired by State for Public Good? Supreme Court Rules on Article 39(b)
Trending News
4 months, 2 weeks ago

Can Private Resources Be Acquired by State for Public Good? Supreme Court Rules on Article 39(b)

ABP News  

The Supreme Court has ruled that not all private resources of individuals are material resources of the community that the government can take over to subserve a common good. The top court's decision overturned a series of its previous judgments since 1978 that reflected the socialist economic policy of that time in India. The bench said that to develop an …

Supreme Court to Decide on Ambit of Article 39(b) and Redistribution of Private Property
Trending News
4 months, 2 weeks ago

Supreme Court to Decide on Ambit of Article 39(b) and Redistribution of Private Property

Firstpost  

The Supreme Court of India is scheduled to pronounce its verdict today on a case related to the ambit of Article 39(b) of the Constitution. It pertains to private properties and the State’s power on its takeover and redistribution to subserve ‘common good’. The court will also deal with the legal sanctity of Article 31C of the Constitution in the …

Supreme Court to Decide on Rights to Private Material Wealth
4 months, 2 weeks ago

Supreme Court to Decide on Rights to Private Material Wealth

The Hindu  

The Supreme Court will hear a nine-judge Constitution Bench on November 5 to determine whether material resources created by individual human labour constitute the resources of the community. The Bench will consider the contours of Article 39(b) of the Constitution, which defines the material resources of the community. The Attorney General for the Union of India will argue that all …

Supreme Court reserves verdict on whether private property is community wealth
10 months, 2 weeks ago

Supreme Court reserves verdict on whether private property is community wealth

The Hindu  

A nine-judge Constitution Bench of the Supreme Court reserved judgment on Wednesday on the question whether material resources created by individual human labour would constitute the resources of the community. Chandrachud fundamentally centred on the contours of Article 39 of the Constitution, including whether privately-owned resources could be considered as “material resources of the community”. Attorney General R. Venkataramani, appearing …

Can’t accept extreme view of all private property belonging to community: SC
10 months, 2 weeks ago

Can’t accept extreme view of all private property belonging to community: SC

Hindustan Times  

A nine-judge constitution bench of the Supreme Court deciding a crucial issue on whether private property can be distributed for public good by the state said an “unbridled” agenda of socialism that treats all private property of individuals to be belonging to the community cannot be envisaged in today’s context of India’s economic development as private ownership and business enjoyed …

Do resources of individuals belong to community, asks Supreme Court
10 months, 3 weeks ago

Do resources of individuals belong to community, asks Supreme Court

The Hindu  

A nine-judge Constitution Bench of the Supreme Court on Thursday asked the Union government whether all material resources created by individual human labour constitute the resources of the community. The Bench is hearing a reference on the contours of Article 39 of the Constitution, including whether privately-owned resources could be considered as “material resources of the community”. Attorney General R. …

The cases before the CJI-led nine-judge Constitution Bench | Explained
1 year, 5 months ago

The cases before the CJI-led nine-judge Constitution Bench | Explained

The Hindu  

The story so far: A nine-judge Bench headed by Chief Justice of India D.Y. On May 1, the Bench also comprising Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih reserved its verdict on whether private resources form part of the ‘material resource of the community’ under Article 39 …

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