Hindi English Translation || Editorial || ​All or any: On resources and Supreme Court verdict

​All or any: On resources and Supreme Court verdict

The state must have enough bandwidth to guard against concentration of resources

That the Constitution has an economic philosophy rooted in socialist principles, mainly embodied in its Directive Principles of State Policy, is well understood. However, a question that has often arisen for judicial review concerns how far the state’s obligation to subserve (सहायक होना) the common good and prevent the concentration (The action or power of focusing one's mental effort or energy on something) of wealth and means of production can be allowed to go against fundamental rights of individuals. The state’s obligation (दायित्व, कर्तव्य) to ensure that the ownership and control of “material resources of the community are so distributed as to subserve the common good” and to prevent the working of the economic system to the common detriment (हानि) is found in Articles 39(b) and (c). The recent verdict (निर्णय, फैसला) of a nine-judge Bench of the Supreme Court, holding that not all private resources would fall under the ambit (सीमा, क्षेत्र) of ‘material resources’ of the community in Article 39, is notable (उल्लेखनीय, महत्वपूर्ण, प्रसिद्ध) for its examination of whether the underlying economic thought should be given an expansive view, or there are limitations on what sort of private property can be the subject of state action. The Court’s majority opinion rejects the expansive view taken in a few precedents in favour of any private resources, including those individual-owned, falling under its ambit. In tune with present-day economic realities, it holds that this directive (निर्देश, आदेश) principle cannot be seen through any particular ideological prism, and disapproves of such earlier formulations.

The majority view is that while, theoretically, private resources could be part of the community’s resources, the relevant consideration for the state to acquire or distribute them in pursuit (The action of following or striving for something) of the common good will depend on “non-exhaustive factors”: the nature of the resources and their characteristics, whether such acquisition is essential for the community, the scarcity of such resources, and the consequences of their being concentrated in private hands. Land acquisition (अधिग्रहण) has always been based on the principle of eminent domain, while allocation of natural resources will require fair and transparent processes. On the other hand, nationalisation of utilities (उपयोगिता, सहायकता), services and industries has required constitutional justification through the Directive Principles. The majority is right in holding that the Constitution-makers consciously worded Article 39 in broad terms so that they do not tie down future regimes to any particular strand of economic thought. However, Justice Sudhanshu Dhulia’s dissent has significance. Highlighting the continuing inequality in society, he has questioned the majority for seeking to limit the scope of the “material resources”, when the better approach would have been to leave it to the wisdom (बुद्धिमानी) of the legislature.

Courtesy: The Hindu

Important Word List With Meaning

1.Verdict (Noun)

Hindi Meaning - निर्णय, फैसला
English Meaning - A judgment or decision, especially by a jury or judge in a legal case.

2.Subserve (Verb)

Hindi Meaning - सहायक होना
English Meaning - To help or contribute to the achievement of a goal or purpose.

3.Obligation (Noun)

Hindi Meaning - दायित्व, कर्तव्य
English Meaning - A duty or commitment that requires someone to act in a certain way.

4.Detriment (Noun)

Hindi Meaning - हानि
English Meaning - Harm or damage that is caused by something.

5.Ambit (Noun)

Hindi Meaning - सीमा, क्षेत्र
English Meaning - The scope, extent, or range of something.

6.Notable (Adjective)

Hindi Meaning - उल्लेखनीय, महत्वपूर्ण, प्रसिद्ध
English Meaning - Worthy of attention or notice due to being important or outstanding.

7.Directive (Noun)

Hindi Meaning - निर्देश, आदेश
English Meaning - An official or authoritative instruction or order.

8.Acquisition (Noun)

Hindi Meaning - अधिग्रहण
English Meaning - The act of acquiring or gaining something, especially in business or learning.

9.Wisdom (Noun)

Hindi Meaning - बुद्धिमानी
English Meaning - The quality of having experience, knowledge, and good judgment.

10.Utility (Noun)

Hindi Meaning - उपयोगिता, सहायकता
English Meaning - The state of being useful or beneficial; a service or function.

11.Concentration (Noun)

English Meaning - The action or power of focusing one's mental effort or energy on something.

12.Pursuit (Noun)

English Meaning - The action of following or striving for something.