The Supreme Court of India has ruled that states cannot acquire all private property under Article 39(b) of the Constitution. While acknowledging the importance of equitable resource distribution, the court clarified that only certain private resources, based on their ‘material’ nature and impact on the community, fall under the purview of this article. This landmark judgment ends a decades-long legal debate surrounding the scope of state power in acquiring private property.
The Property Owners Association vs State of Maharashtra case before the Supreme Court of India raises pivotal questions regarding the scope of fundamental rights and the role of Directive Principles of State Policy (DPSPs) in lawmaking. The case seeks to define the term “material resources of the community” under Article 39(b) of the Constitution and determine whether laws enacted to secure these resources are immune from challenges based on equality and freedom rights. The tension between DPSPs and fundamental rights has been a contentious issue in Indian constitutional history, with the balance between them shifting over time. Article 31C, introduced in 1971, initially granted immunity to certain laws from judicial review on grounds of Article 14 (equality) and Article 19 (freedoms), but its scope has been contested and remains subject to interpretation. The Supreme Court’s decision in this case will have significant implications for the future of the Constitution and the relationship between rights and governance in India.
India’s Supreme Court is delving into the interpretation of Article 39(b) of the Constitution, considering whether the government can seize and redistribute privately owned properties deemed ‘material resources of the community.’ The case, stemming from a challenge to Mumbai housing law, reignites a longstanding debate over the scope of the Directive Principles of State Policy (DPSP). The court will examine whether the state’s obligation to distribute material resources applies to private properties, a question previously considered but not definitively settled.
