Not all private properties are part of ‘material resources of community’: Supreme Court

The Supreme Court in a majority ruling, yesterday held that not all private properties are part of the “material resources of the community” that the State must redistribute under Article 39(b) of the Constitution. However, it noted that some private properties could fall under this category if they are significant and serve the community.

The nine-judge bench, led by Chief Justice DY Chandrachud, included



Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, and others. The 8:1 majority verdict authored by the CJI, with Justice Nagarathna partially agreeing and Justice Dhulia dissenting.

The judgment also rejected earlier interpretations that broadly included private resources as community assets, emphasizing that prior statements on the matter were not binding.