Scope of Community Resources

Supreme Court has established a 9-judge Constitution Bench to settle the scope of ‘community resources’ under Article 39 (b) of the Constitution.

Key Constitutional Provisions

• Article 39(b) in DPSP: This article mandates the state to ensure that the ownership and control of material resources are distributed to serve the common good.
• Article 31C: This legal provision protects laws made under Articles 39(b) and 39(c). It allows the state to redistribute material resources, including private properties, for the common good.
• Article 39(c): This aims to prevent the economic system from causing wealth concentration that harms the community.

Key Cases:

• Minerva Mills Case (1980): In this landmark case, the Supreme Court ruled against parts of the 42nd Amendment that limited judicial review and gave Directive Principles priority over fundamental rights.
• State of Karnataka vs Ranganatha Reddy (1978): Justice Krishna Iyer defined ‘material resources of the community’ as all resources, including natural, manmade, public, and private properties.

Judicial Support:

• The interpretation by Justice Krishna Iyer was upheld in Sanjeev Coke Manufacturing vs Bharat Coking Coal Ltd (1982) and Mafatlal Industries Ltd vs Union of India (1996).

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