New Delhi: The Supreme Court has said that it would be wrong to believe that a person’s private property cannot be considered as material resources of the community. The Supreme Court said that private property can also be used for public interest when needed. In fact, a nine-judge Constitution bench headed by Chief Justice DY Chandrachud is considering whether someone’s personal property can be considered ‘community physical resource’ under Article 39B of the Constitution and whether it can be used by the government for public purposes. Can do for benefit?
Actually, Article 39B is related to the directive principles of state policy. Article 39B states that the government will make its policy such that the distribution of community material resources is such that it serves the welfare of the general public. Chief Justice DY Chandrachud has said that it would be wrong to say that only public resources can be considered as community physical resources and private property will not be included in it. The court said that let us take the example of private forest and mine, if it is said that because it is private, government policy will not be applicable on it, it would be wrong.
The Supreme Court said that when the Constitution of the country came into force in 1950, it was made in such a way that it could bring about social change, keeping in mind the social conditions of that time. In such a situation, it would be wrong to say that Article 39B does not apply to personal properties. During the hearing of the case, Chief Justice Chandrachud mentioned the capitalist, socialist ideology. While capitalist ideology emphasizes on private ownership of property, socialist ideology here says that no property is private property, all property belongs to the society.
Chief Justice DY Chandrachud advocated the Gandhian ideology that strikes a balance between these two ideologies. CJI Chandrachud said that our policy guidelines follow Gandhian ideology. We neither adopt extreme capitalism nor extreme socialism. We do not go to the extent of the socialist model, where there is no private property. We consider property as that which we preserve to hand over to the coming generations. The wealth that we keep for today’s generation is also preserved with the belief that it will be used for the larger interests of society in the future.
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Tags: DY Chandrachud, Justice DY Chandrachud, Supreme Court
FIRST PUBLISHED: April 26, 2024, 08:39 IST