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Property Owners Association case - 1992
November 9 , 2024
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- The Supreme Court has determined that not all private properties can be taken over by the state under Article 39(b) of the Indian Constitution.
- Article 39(b) mandates that the government should direct policies to ensure that “material resources of the community” are distributed to best serve the public welfare.
- However, the supreme court said that states may claim certain private properties in specific cases if they align with this goal.
- Article 31C has the “safe harbour” provision that shielded laws enacted to give effect to Article 39(b).
- Article 31C was inserted through the Constitution (Twenty-fifth) Amendment, 1971, to ring-fence the socialist economic policy.
- As per Justice Krishna Iyer's 1978 ruling - all properties of private individuals can be termed community property.
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