Justice Dhulia Stands Firm on Constitutional Socialism

Supreme Court Judge Sudhanshu Dhulia voiced his dissent on a recent nine-judge bench decision regarding private property as 'material resources'. He emphasized social equality under the Indian Constitution, criticizing restrictions on legislature's power and upholding past doctrines supporting socialism and welfare economy.

Supreme Court Judge Sudhanshu Dhulia has expressed opposition to a landmark decision made by a nine-judge bench regarding private property and its role as 'material resources of the community'. The ruling limits states' power to overtake privately owned resources, a position not fully supported by Justice Dhulia.

Justice Dhulia dissented, highlighting the persistent and significant gap between the rich and poor in India. He stressed that Articles 38 and 39 of the Indian Constitution were crucial for the fair distribution of resources and should not be abandoned. He emphasized socialism as a flexible concept promoting welfare economy within the scope of constitutional provisions.

Moreover, Justice Dhulia critiqued remarks in the majority verdict dismissive of Justice Krishna Iyer's doctrine, advocating for a humanistic approach in legal philosophy. His views resonate with the judicial insights of Justice O Chinnappa Reddy and express a vision of economic fairness and equity, central to India's constitutional framework and its generational design.

(With inputs from agencies.)