Decisive judgement

The recent verdict by a nine-judge Constitution Bench of the Supreme Court has taken a decisive stance on the interpretation of property rights in India.

It will reshape how individual ownership is viewed against community welfare in the country's legislative framework.

The Bench, led by Chief Justice of India DY Chandrachud, has ruled that not all private property can be deemed "material resources of the community" as referenced in Article 39(b) of the Indian Constitution. Article 39(b), which is a part of the Directive Principles of State Policy (DPSP), outlines that resources should be distributed to serve the common good. However, the verdict in discussion has shed light on the limits on the government's power to acquire and redistribute private property.

In past cases, such as State of Karnataka vs Shri Ranganatha Reddy in 1977, Justice Krishna Iyer had argued that privately held resources could indeed qualify as community resources if their acquisition served the greater good of society. His minority opinion influenced later rulings. However, the new ruling overturns that interpretation.