BS EDIT: SC restores balance between state power and pvt property

By Business StandardPublished On Nov 7, 2024

Judgment on property rights

In a historic ruling, the Supreme Court of India has clarified the balance between private property rights and state power, setting a new legal precedent

Background on judgment

The ruling originated from 16 petitions, starting with a 1992 case by a property owners' body, challenging Article 39(B)'s resource distribution interpretation

Material resources of community

The judgment stated that categorising all private property as a “material resource of the community” is unjustified, stressing context-specific application

Revisiting socialist policies

The Court noted that while socialist policies hindered growth, high growth came from reducing state control, not solely from state intervention

Directive principles

The Court urged a balanced interpretation of Directive Principles, reinforcing that the state must respect pvt property rights within fair distribution aims

Significance for India’s future

This judgment marks a victory for constitutional principles, supporting property rights and economic growth, and strengthening India’s judicial integrity