Government cannot take over private property as India is a liberal country, this was the crux of the Supreme Court’s landmark judgement related to Article 31 C and 39B of the Indian Constitution, and overturned a series of judgments from the past. The hearing questioned the state’s power to acquire privately owned property for the greater good of the community.
Not all privately owned properties qualify as community resources that the State can take over for the common good, the Supreme Court said in a landmark verdict today. The nine-judge Constitution bench led by Chief Justice of India DY Chandrachud delivered the judgement on the vexed issue with an 8-1 majority, with Justice Sudhanshu Dhulia dissenting.
An important note of the court was that India is of a liberal economic ideology rather than socialist; the period of time when these laws were laid down are of a period where Indian society was more socialist in nature.
Article 39B lays down that the State shall direct its policy towards ensuring that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
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