Question

In which of the following cases, the Supreme Court has held that not all privately owned property is a "material resource of the community" in an 8:1 majority?

• A. Property Owners Association v. State of Maharashtra (2024)
• B. Mineral Area Development Authority v. Steel Authority of India (2024)
• C. Association of Democratic Reforms v. Union of India (2024)
• D. Municipal Corporation of Greater Mumbai v. Property Owners Association (2022)

Hint:

The Property Owners Association case (2024) is a landmark 9-judge bench decision that confirmed that "material resources of the community" in Article 39(b) includes private property.

Answer 1

The Correct Option is A

Step 1: Understand the legal question.
The question is about the interpretation of Article 39(b) of the Constitution, a Directive Principle which states that the state shall direct its policy towards securing "that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
" The key issue was whether "material resources of the community" includes private property.

Step 2: Identify the landmark case.
This issue was decided by a large 9-judge bench of the Supreme Court in the 2024 case of Property Owners Association v.
State of Maharashtra.

Step 3: Know the verdict.
The premise in the question is slightly inaccurate.
The Supreme Court, by a 7:2 majority (not 8:1), held that privately owned resources ARE included within the meaning of "material resources of the community.
" The court stated that these resources are not limited to publicly owned assets.
This is a significant judgment as it gives the state wide powers to enact laws for the redistribution of private property to serve the common good.
The case, however, remains the correct one for this subject matter.
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