Private Property vs. Public Good: Supreme Court Considers Property Rights for the "Common Man"

New Delhi. The Supreme Court during a hearing on Wednesday stated that the Constitution aims for social transformation, and it would be problematic to say private property can't be considered a community resource in service of the common good.

The observations by the top court were made by a nine-judge bench headed by Chief Justice DY Chandrachud, Justices Hrishikesh Roy, B V Nagarathna, S Dhulia, J B Pardiwala, Manoj Misra, R Bindal, S C Sharma and A G Masih while examining whether privately-owned resources can be considered "material resources of the community.”

While giving a statement on the same, the court questioned whether Article 39(b), which emphasizes fair distribution of resources for the common good, wouldn't apply to privately held properties. They pointed out society's need for social welfare measures and wealth redistribution.

What is Article 39(b) in Indian Constitution?

Article 39(b) typically refers to a specific provision within a country's constitution or legal framework. The specifics can vary depending on the country in question. However, in many legal systems, Article 39(b) might relate to fundamental rights or principles, such as those about social justice, equality, or economic rights.

For example, in the Constitution of India, Article 39(b) is part of the Directive Principles of State Policy, which outlines principles for governance, and it emphasizes that the state shall direct its policy towards securing ownership and control of the material resources of the community, to subserve the common good.

The CJI also hinted that community property would include natural resources as these too are held in trust for future generations.