While Chief Justice of India Dhananjaya Y Chandrachud, in a majority opinion that he authored for himself and six other judges, criticised earlier judgments for their perceived economic biases and ideologies, justices BV Nagarathna and Sudhanshu Dhulia vehemently defended the historical context of those rulings, branding the majority's assessment as "unwarranted" and "harsh." The majority judgment asserted that prior interpretations by justices Krishna Iyer in State of Karnataka Vs Ranganatha Reddy (1977) and O Chinnappa Reddy in the Sanjeev Coke case (1982) -which included privately owned property within the ambit of "material resources of the community"--were flawed.
In the Ranganatha Reddy case, a seven-judge bench considered the application of Article 39(b) in the context of nationalisation of contract carriages. The majority view of four judges did not favour private property to fall under Article 39(b). However, the minority view pronounced by justice Iyer held to the contrary. Justice Iyer said: "Material resources of the community in the context of reordering the national economy embraces all the national wealth, not merely natural resources, all the private and public sources of meeting material needs, not merely public possessions... To exclude ownership of private resources from the coils of Article 39(b) is to cipherise its very purpose of redistribution the socialist way." This minority view later became the basis of a five-judge bench decision in the Sanjeev Coke case where the issue of Article 39(b) arose in the context of nationalisation of coke oven plants. Justice Reddy held private property to be part of material resources of community.
この記事は Hindustan Times の November 06, 2024 版に掲載されています。
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この記事は Hindustan Times の November 06, 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
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