• UGI USER
  • May 01, 2024
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SC: ARTICLE 39(B) SHOULDN’T NEGATE PROTECTION FOR PRIVATE RIGHTS

Why in the news?

Supreme Court debates if private property falls under Article 39(b), balancing private rights with public welfare concerns.

About the Supreme Court’s Interpretation of Article 39(b):

  • The Supreme Court’s nine-judge Constitution bench deliberated on whether Article 39(b) encompasses private property.
  • Chief Justice DY Chandrachud and Solicitor General Tushar Mehta expressed reservations about interpreting it too broadly, fearing it might undermine private rights and deter investment.
Source:wordpress
About Article 39(b) :

  • Article 39(b) falls under India’s Directive Principles of State Policy.
  • It mandates equitable distribution of community material resources.
  • Aim: Serve common good, promoting social justice and equity.

About Article 39 :

  • Article 39 of the Indian Constitution contains six sub-clauses.
  • It ensures equal access to basic means of subsistence.
  • Calls for equitable distribution of resources for common welfare.
  • Prevents concentration of wealth in a few hands.
  • Advocates for equal pay for equal work.

What is the Right to Private Property?

  • Citizens’ right to private property is a human right.
  • State must follow due process and legal authority.