Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent

Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent

In a nine jurist Constitution bench majority decision holding that all private properties cannot constitute ‘the material resources of the community’ within the meaning of the Directive Principles of State Policy under Article 39(b) read with Article14 of Constitution the learned Judge dissented.The bench headed by Chief Justice of India DY Chandrachud comprising Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih by 7:2 argued that certain private properties falls under Article 39(b) just as it may be qualified as a ‘material resource of the community’. However, Justice Nagarathna agreed partly.The majority judged in favour of that perception that Justice Krishna Iyer sought to advance in the case of State of Karnataka v. The general opinion associated with the practice of considering private properties as community resources has been derived from the eminent work of Ranganatha Reddy (1978). Further, the judgment of Sanjeev Coke Manufacturing Company vs. Bharat Coking Coal Ltd. and Anr. (1983) where the court upheld the view of Justice Iyer was take to be wrong.In his 97-page dissent, Justice Dhulia also observed that he utterly subscribed to the CJI majority judgment in the Article 31C aspect and that, to the extent held valid in Kesavananda Bharati, survives, unamended.

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