Supreme Court Verdict: Limits on State Control Over Private Properties

The Supreme Court of India ruled that private properties cannot be taken over by states as material resources for the common good. The decision, led by Chief Justice DY Chandrachud, clarifies that not all private properties fall under the purview of Article 39(b) of the Constitution.

A landmark decision by a nine-judge bench of the Supreme Court has clarified the boundaries of state control over private properties. Authored by Chief Justice of India DY Chandrachud, the verdict ruled that not all private assets can be categorized as 'material resources of the community' under Article 39(b) of the Constitution.

The court's decision highlights that the state cannot indiscriminately acquire private properties to serve the 'common good.' The constitutional provision, Article 39(b), mandates that state policy ensures equitable distribution of communal resources. However, the interpretation that this includes all private properties has been rejected as advocating for an overly rigid economic system favoring state control.

Despite the ruling, the court acknowledged that states might assert claims over private properties in specified circumstances. The majority verdict, co-authored by Justices Hrishikesh Roy, JB Pardiwala, Manoj Misra, Rajesh Bindal, SC Sharma, and Augustine George Masih, overturned several post-1978 judgments endorsing state acquisition of all private properties for public welfare. However, Justice BV Nagarathna and Justice Sudhanshu Dhulia presented dissenting opinions on the ruling's aspects.

(With inputs from agencies.)