New Delhi: In a landmark decision, the Supreme Court of India clarified on Tuesday that not all private properties can be deemed community resources subject to government seizure. A nine-judge bench, led by Chief Justice D.Y. Chandrachud, delivered the judgment with an 8-1 majority, while Justice Sudhanshu Dhulia dissented.
The court examined the scope of Article 39(b) of the Indian Constitution, which directs the State to ensure that material resources are used for the common good of society. The ruling emphasized that while certain private properties may qualify as “material resources of the community,” this designation cannot be applied broadly to all privately owned assets, even if they serve basic societal needs.
Chief Justice Chandrachud, who authored the majority opinion, explained that whether a resource can be considered a community resource depends on its specific nature, characteristics, and societal impact. He further clarified that the legal protections under Article 31C, which shields laws aimed at redistributing community resources, must be carefully applied to avoid unwarranted concentration of wealth.
The court also revisited and dismissed a 1978 ruling by Justice Krishna Iyer, which had endorsed the view that all resources contributing to basic needs should be treated as community property under socialist principles. The bench described this earlier interpretation as “unsustainable.”
This ruling holds significant implications for future interpretations of property rights and government interventions in the redistribution of resources, affirming the delicate balance between individual ownership and the larger societal interest.
