Today’s Ten: Any private property can no longer be taken over for ‘common good’
By Pradeep Damodaran in Media News on Wednesday, 06th November 2024 at 4:32pm
In a historic verdict that could have far reaching consequences, a nine-judge Supreme Court bench Tuesday rescinded a 46-year-long socialist interpretation of Article 39(b) of Constitution to authoritatively rule that community resources cannot encompass every private property. By a seven-to-two majority judgment, authored by CJI D Y Chandrachud for himself and Justices Hrishikesh Roy, J B Pardiwala, Manoj Misra, Rajesh Bindal, S C Sharma and A G Masih, the apex court said it cannot subscribe to an expansion of the definition of community-owned material resources to bring in its ambit privately owned assets. Justice B V Nagarathna partially agreed with the CJI but Justice Sudhanshu Dhulia penned a dissent, adopting a socialist interpretation of Article 39(b).
Discussing the meaning of ...
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