12 November, 2024
Article 39(b)
Thu 07 Nov, 2024
Context
- A Supreme Court Constitution bench, by an 8-1 majority, on 5th November 2024 held that all private property would not constitute material resource of the community under Article 39(b).
Article 39(b)
- The Indian Constitution is a Directive Principle of State Policy (DPSP) that mandates the state to ensure that:
- "The ownership and control of the material resources of the community are so distributed as best to subserve the common good."
This means that the state should:
- Promote equitable distribution of resources: The state should work towards ensuring that the material resources of the community are distributed in a fair and just manner. This includes natural resources like land, water, minerals, etc., as well as other resources like capital and technology.
- Prevent concentration of wealth: The state should take steps to prevent the concentration of wealth and resources in the hands of a few. This can be done through various measures like taxation, regulation, and social welfare programs.
- Utilize resources for public good: The state should ensure that the resources of the community are used for the benefit of the common good. This means that resources should be used to improve the quality of life of all citizens, especially the marginalized and disadvantaged sections of society.
While Article 39(b) is a directive principle, and not a justiciable right, it serves as a guiding principle for the state to formulate policies and laws that promote economic and social justice.
Main Aim: To reduce the gap between the rich and the poor.
The Justice Krishna Iyer Doctrine
- Doctrine is a legal doctrine that has its roots in the interpretation of Article 39(b) of the Indian Constitution.
- This doctrine, primarily associated with the judgments of Justice V.R. Krishna Iyer, posits that the term "material resources of the community" under Article 39(b) encompasses all resources, including private property that can be utilized for the common good.
Key Points of the Doctrine:
- Broad Interpretation of "Material Resources": This doctrine advocates for a broad interpretation of the term "material resources of the community," extending it beyond just natural resources to include private property.
- State's Role in Distribution: It emphasizes the state's role in ensuring the equitable distribution of these resources for the benefit of the common good.
- Social Justice and Economic Equality: The doctrine aligns with the principles of social justice and economic equality, aiming to reduce disparities and uplift marginalized sections of society.