PrøvGOLD- Free

FOR GRACE IN LEGAL EVOLUTION

The New Indian Express Kochi|December 20, 2024
HE recent decision of a nine-judge bench of the Supreme Court, in Property Owners Association vs State of Maharashtra, which interprets Article 39(b) of the Constitution, represents a noteworthy development in the complex and often contentious history of property rights in India.
- SAAI SUDHARSAN SATHIYAMOOTHY

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.

Denne historien er fra December 20, 2024-utgaven av The New Indian Express Kochi.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9500+ magasiner og aviser.

Denne historien er fra December 20, 2024-utgaven av The New Indian Express Kochi.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9500+ magasiner og aviser.

FLERE HISTORIER FRA THE NEW INDIAN EXPRESS KOCHISe alt
The New Indian Express Kochi

Wipro Consumer Care Ventures invests in D2C pet food start-up Goofy Tails

WIPRO Consumer Care - Ventures, the venture capital arm of Wipro Consumer Care & Lighting, will invest in New Delhi-based D2C pet food start-up Goofy Tails.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

China Joins BRICS Nations in Slamming Pahalgam Attack

The 11th BRICS Parliamentary Forum in Brasília endorsed India's call for a unified, zero-tolerance approach to terrorism.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Russian bombardment with missiles and drones kills four, injures 50 in Ukraine

RUSSIA bombarded six regions of Ukraine in one of its largest aerial attacks of the three-year war, Ukrainian officials said Friday.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Merz Says Don Willing to Talk and Committed to NATO

GERMAN Chancellor Friedrich Merz said Friday, a day after meeting with President Donald Trump at the White House, that he encountered a US administration open to discussion and returned confident that Washington remains committed to NATO.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Rahul at it again, takes 'surrender' jibe at PM in Bihar

SENIOR Congress leader Rahul Gandhi on Friday reiterated his allegation about Prime Minister Narendra Modi's \"habit of surrendering\" and wondered why he was silent about US President Donald Trump's claims of having brokered peace between India and Pakistan.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Corp to Launch 2nd Samridhi Outlet in Kadavanthra Soon

FOLLOWING the success of Samridhi@Kochi, an initiative that provides meals for ₹20, the Kochi corporation is set to expand the project. Samridhi@Kadavanthra, the second outlet, will be launched next week in collaboration with the Greater Cochin Development Authority (GCDA). The new outlet will be open from 7am to 10.30pm.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Musk's Starlink Receives Satcom Licence

Elon Musk-led Starlink on Friday received a licence to offer satellite-based broadband services in India.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Pentagon Probes Deletion of Hegseth's Signal Texts

The Pentagon's watchdog is looking into whether any of Defense Secretary Pete Hegseth's aides were asked to delete Signal messages that may have shared sensitive military information with a reporter, according to two people familiar with the investigation and documents reviewed by The Associated Press.

time-read
1 min  |
June 07, 2025
The New Indian Express Kochi

Sexist Lens Mars This Film Advocating For Men's Rights

HE Kerala society, despite its high literacy and liberal outlook, has always been notorious for its endorsement of the dowry system.

time-read
3 mins  |
June 07, 2025
The New Indian Express Kochi

Birla Opus Files Antitrust Complaint Against Market Leader Asian Paints

ADITYA Birla Group's paint venture - Birla Opus - has reportedly filed an antitrust complaint against market leader Asian Paints, alleging abuse of market dominance.

time-read
1 min  |
June 07, 2025

Vi bruker informasjonskapsler for å tilby og forbedre tjenestene våre. Ved å bruke nettstedet vårt samtykker du til informasjonskapsler. Finn ut mer