Current Affair 1:

News:

The Supreme Court today (November 5) held by a majority of 7:2 that all private properties cannot form part of the 'material resources of the community' which the State is obliged to equitably redistribute as per the Directive Principles of State Policy under Article 39(b) of the Constitution.

The Court held some private properties may come under Article 39(b) provided they meet the qualifiers of being a 'material resource' and 'of the community'.

About the judgement?

The direct question referred to this bench is whether the phrase 'material resources of the community' used in Article 39(b) includes privately owned resources.

I will mention below the comments of one the judge:

“Material resources” can in the first instance be divided into two basic categories, namely,

1. State owned resources which belong to the State which are essentially material resources of the community, held in public trust by the State; and
2. privately owned resources.

However, the expression “material resources” does not include “personal effects” or “personal belonging” of individuals, such as, clothing or apparel, household articles, personal jewellery and other articles of daily use belonging to the individuals of a household and which are intimate and personal in nature and use. Excluding “personal effects”, all other privately owned resources can be construed as “material resources”.

Thus, all resources whether they are public resources or privately owned resources which come within the scope and ambit of the expression “material resources” as stated above are included within that expression.

Private resources can be turned into material resources of the community by means such as (1) nationalisation; (2) acquisition; (3) operation of law ; (4) by purchase by state; (5) owner's donation.

The “material resources of the community” have to be “distributed as best to subserve the common good”. Distribution could be in two ways:

1. Firstly, by the State itself retaining the material resource for a public purpose and/or for public use; and
2. Secondly, privately owned material resources when converted as “material resources of the community” can be distributed to eligible and deserving persons either by way of auction, grant, assignment, allocation, lease, sale or any other mode of transfer known to law either temporarily or permanently depending upon the mode adopted and unconditionally or with conditions.

See both the Article:

Article 31C states that laws that implement directive principles cannot be declared void on the basis that they violate the rights guaranteed by Articles 14 or 19 of the Constitution. Article 14 guarantees equality before the law and equal protection of laws, while Article 19 protects six rights related to speech, assembly, and movement.

 

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