Two judges object to CJI's view on justice Krishna Iyer doctrine
Hindustan Times|November 06, 2024
NEW DELHI: The momentous ruling by the Supreme Court on property rights and the interpretation of "material resources of the community" under Article 39 of the Constitution did not just involve intense legal debate on the evolving economic landscape of India, but also revealed a stark division among the judges on the nine-judge bench.
Utkarsh Anand

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。

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。

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。

HINDUSTAN TIMESのその他の記事すべて表示
We intend to do what Magnus did vs Anand: Gukesh's coach
Hindustan Times

We intend to do what Magnus did vs Anand: Gukesh's coach

Carlsen suffered in some games but won them, says Gajewski who was also Anand's second in 2014 WC

time-read
4 分  |
November 22, 2024
Hindustan Times

Top players compete at India Padel Open

Top players from around the world will compete in the inaugural India Padel Open, a part of the CUPRA FIP Tour, that kicked off at the Bennett University in Greater Noida on Thursday.

time-read
1 min  |
November 22, 2024
EC opposes Usha's fact-finding panels
Hindustan Times

EC opposes Usha's fact-finding panels

Indian Olympic Association (IOA) president PT Usha's appointment of a 'factfinding commission, on complaints regarding the \"functioning and election process\" of three State Olympic Associations (SOA) has been opposed by the IOA executive council.

time-read
1 min  |
November 22, 2024
Hindustan Times

BATTLE OF REDEMPTION

Australia are raring to go after losing the last four Test series against India. The visitors have landed in Perth after a 3-0 loss to NZ at home

time-read
4 分  |
November 22, 2024
Rohit Sharma set to join team on Nov 24
Hindustan Times

Rohit Sharma set to join team on Nov 24

India skipper Rohit Sharma who missed the first Test due to the birth of his child is all set to join the team in Perth on Nov 24. The development was confirmed by the team management.

time-read
1 min  |
November 22, 2024
Hindustan Times

Bumrah hopes to chart his own Dath as captain

There is a vast difference between how the world views J asprit Bumrah and the way he sees himself.

time-read
3 分  |
November 22, 2024
Have to be ready to take a few blows: Pujara
Hindustan Times

Have to be ready to take a few blows: Pujara

Marnus Labuschagne wants to \"pull off a Pujara\".

time-read
3 分  |
November 22, 2024
Amid rising pollution, EV sales fall off a cliff in Delhi
Hindustan Times

Amid rising pollution, EV sales fall off a cliff in Delhi

No incentive, won't buy. That appears to be the message coming through from dismayed consumers in Delhi after the state government failed to renew road tax and registration benefits on electric cars and two wheelers this September.

time-read
2 分  |
November 22, 2024
India, UK can look at tech collaboration in Al: Goyal
Hindustan Times

India, UK can look at tech collaboration in Al: Goyal

India and the UK can have a technological collaboration in areas such as artificial intelligence learnings, telemedicine, climate modelling, precision farming and organic chemicals, commerce minister Piyush Goyal on Thursday said.

time-read
2 分  |
November 22, 2024
Hindustan Times

KENYA DROPS AIRPORT DEAL WITH ADANI AFTER US INDICTMENTS

Kenyan President William Ruto said on Thursday he had ordered the cancellation of a procurement process that had been expected to award control of the country's main airport to India's Adani Group after its founder was indicted in the United States.

time-read
1 min  |
November 22, 2024