A nine-judge bench headed by Chief Justice DY Chandrachud, however, said states can stake claim over private properties in certain cases.

New Delhi: The Supreme Court on Tuesday held that states are not empowered by the Constitution to take over all privately-owned resources or properties to serve the “common good”. A majority of seven judges of the nine-judge bench, headed by Chief Justice DY Chandrachud, made this observation. But the bench maintained that states could claim […]

The Supreme Court in April said the Constitution intended to bring about a 'sense of social transformation' and it would be 'dangerous' to say that private property of an individual cannot be regarded as material resources of community and taken over by state authorities to subserve common good.

A nine-judge Constitutional bench of the Supreme Court on Monday in a majority verdict held that not all private resources of the individuals are material resources of the community that the government can take over to subserve a common good.

Article 39(b) Verdict: SC overturns 1978 verdict allowing the government to take private properties for the common good, clarifies material resources distinction.