FOR GRACE IN LEGAL EVOLUTION
In deciding that not all private property forms part of the "material resources of the community" available for distribution by the state, the court has sought to achieve a nuanced balance between the conflicting demands of individual rights and the state's obligation to ensure economic justice for all.
The judgment, apart from exemplifying the SC's ever-evolving take on the characteristics and extent of property rights within a socialist democratic republic, is a reflection of the changing attitude of the ruling dispensation towards some conflicts that have underpinned this discourse since the inception of our republic.
In Property Owners, the court addressed a long-standing debate over the interpretation of Article 39(b), specifically the phrase "material resources of the community".
The judgment carries special significance for its potential impact on future legislation. It refutes the interpretation that all privately owned resources automatically fall under the ambit of "material resources of the community", an interpretation championed by Justice VR Krishna Iyer in the Ranganatha Reddy case and subsequently followed in the Sanjeev Coke case.
It clarifies that while private resources can be considered "material resources of the community" in specific contexts, this is not an automatic categorization. By rejecting this broad interpretation, the Court, in a way, reaffirms the importance of individual property rights while acknowledging the state's role in regulating resources for the common good.
The judgment, however, also has significant implications for judicial discipline and the treatment of minority opinions.
Diese Geschichte stammt aus der December 20, 2024-Ausgabe von The New Indian Express Kochi.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 9.500 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent ? Anmelden
Diese Geschichte stammt aus der December 20, 2024-Ausgabe von The New Indian Express Kochi.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 9.500 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent? Anmelden
Understanding flat feet
EARLIER this week, headlines flashed that the Tamil Nadu government will not hire drivers with flat feet for vacancies in any of the eight state transport corporations.
Gold up ₹430/10g, silver rises ₹2,000 to hit ₹104,100/kg
Gold of 99.9% purity appreciated ₹430 to ₹99,690 per 10 grams (inclusive of all taxes), according to the All India Sarafa Association.
New Normal Amid a New Cold War
The effect of Donald Trump's return to the White House is being felt in capitals all over the world.
How Steve Jobs Helped Us Write
The 15th century; his iconic Bible marked the beginning of mass communication, and he designed the blackletter font marking the transition from hand copying to efficient mass production.
Water Metro Going Green; Betting Big on Solar Power
The initiative is in line with KMRL's plan to go carbon neutral by 2030
Ayodhya Ram Temple Prasad Scam Worth Crores Busted
A shocking case of manipulating faith for fraud came to light after Ayodhya Police busted one of the biggest cyber scams in the history of the temple town, with around ₹3.85 crore allegedly siphoned from unsuspecting devotees in the name of distributing the 'prasad' of Ram Lalla.
Urban India meets the other in riveting mad-ride
FOR A FILM filled with corrupt cops, mob lynching and neutral bystanders, at its heart, Stolen is optimistic.
How Steve Jobs helped us write
With all the tributes paid to Steve Jobs over the years, one vital contribution is often overlooked: his profound influence on how we write—not just the act, but the way we express ourselves through the beauty of type.
Probe on into presence of goons in farewell fete in jail
The Prisons and Correctional Services Department has ordered an investigation into the controversy surrounding the participation of several goons in a farewell function and subsequent feast held inside the District Jail in Kakkanad.
Sudarshan Venu to Take Over as TVS Chairman & MD
The Board of Directors of TVS Motor Company has unanimously named Sudarshan Venu as the Chairman and MD of the company.