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

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 protection under the Constitution. Taking a nuanced approach to decide whether material resources of community, as occurring in Article 39, one of the directive principles of state policy under the Constitution, includes private property, the bench headed by Chief Justice of India Dhananjaya Y Chandrachud said, “What we write today will send a message of what India is and what India aspires to be.We don’t want to dilute the constitutional and social significance of Article 39. Solicitor general Tushar Mehta, appearing for Maharashtra government on Tuesday, said: “I would personally and on behalf of the government would not subscribe to the view of justice Krishna Iyer at this stage of country’s development.” The bench, also comprising justices Hrishikesh Roy, BV Nagarathna, Sudhanshu Dhulia, JB Pardiwala, Manoj Misra, Rajesh Bindal, SC Sharma and Augustine George Masih, explained the need for taking a balanced approach in matters of private property as there cannot be a strict dichotomy between what constitutes private and public property. Justice Nagarathna questioned how ownership of community encompasses private ownership and said the question arising in these proceedings related to “whether community means individual.” Justice Dhulia, noting the variance in the stands taken by the law officers and said: “It will ultimately depend on what is the context for determining whether a resource is material to the community.” “Our interpretation of Article 39 must be nuanced to take care of what India is today and what India is moving towards tomorrow,” the chief justice said.