1 year, 6 months ago

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

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 of the Constitution. Property Owners Association v. State of Maharashtra Issue Whether the phrase ‘material resources of the community’ under Article 39 of the Constitution includes privately owned resources? February 19, 2002: The seven-judge bench referred the matter to a larger Bench of nine judges, since an earlier nine-judge Bench decision in Mafatlal Industries Ltd. v. Union of India had reiterated that the material resources of the community are not confined to public resources only but also include privately owned resources. The reference order also alluded to the helplessness of the executive and the legislature in bringing out suitable amendments to address the grievances of the stakeholders January 2, 2017: The seven-judge Bench referred the matter to a larger Bench of nine judges after taking into account the ‘serious and wide-ranging implications of the issue that fall for determination’ and the ‘serious doubts’ that were expressed in the reference order about the accuracy of the view taken in Bangalore Water Supply.

The Hindu

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