Context:
In Property Owners Association v State of Maharashtra, Supreme Court held that not all private properties can be used by State for the community.
Key Points on SC ruling:
- Defining “Material Resources of the Community” – Only specific private resources that meet certain criteria qualify as “material resources of the community” under Article 39(b).
- Each case depends on the resource’s nature, scarcity, community impact, and whether public or private control better serves community welfare.
- Public Trust Doctrine (ensure that everyone gets equal access to all natural resources without any discrimination) can also be applied here.
- Balancing Public Welfare and Private Property Rights – Chief Justice emphasized the need to balance public welfare with private property rights.
- Over ruled Judgment in State of Karnataka v. Ranganatha Reddy (1978) and Sanjeev Coke Manufacturing Company vs. Bharat Coking Coal Ltd. and Anr. (1983) case which held that private properties can be regarded as community resources.
- Criteria for State Acquisition – A resource must be both significant (“material”) and have a “community” element to be considered for state acquisition.
SC on Constitutional Safeguards for Privately Owned Resources:
- Article 39(b) must be read with Article 300A, which protects property rights, cautioning against using Article 39(b) as a blanket license for acquiring private property.
- Article 39(b) of the DPSP mandates that the government should direct policies to ensure that “material resources of the community” are distributed to best serve public welfare.
- Upheld Keshavananda Bharati verdict (1973) that allowed for the judicial review of the laws enacted as per Article 31C
- Article 31C (inserted by 25th Constitutional Amendment, 1971) provides immunity to laws enacted for public welfare under Article 39(b) and (c), but only if they genuinely further public welfare objectives
Source: The Hindu
Previous Year Question
What is the position of the Right to Property in India?
[UPSC Civil Service Exam – 2021 Prelims]
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither Fundamental Right nor legal right
Answer: (b)