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On 5 November 2024, a 9-judge Constitution Bench of the Supreme Court said that government cannot acquire and redistribute all privately owned propert
Question

On 5 November 2024, a 9-judge Constitution Bench of the Supreme Court said that government cannot acquire and redistribute all privately owned properties deeming them 'material resources of the community' as mentioned in which Article of the Constitution?

A.

Article 90(1)

B.

Article 85(2)

C.

Article 81(1)(a)

D.

Article 39(b)

Correct option is D

The correct answer is (d) Article 39(b)
Explanation:
• On 5 November 2024, a 9-judge Constitution Bench of the Supreme Court ruled on the interpretation of Article 39(b) of the Constitution.
• The bench clarified that the government cannot acquire and redistribute all private properties under the pretext of them being "material resources of the community".
• Article 39(b) is part of the Directive Principles of State Policy (DPSP) and mandates the state to distribute ownership and control of material resources to subserve the common good.
• The judgment was delivered in the case Property Owners Association v. State of Maharashtra.
• The court ruled (8:1 majority) that a blanket acquisition of private property cannot be justified solely under Article 39(b). Each case must be considered contextually and proportionately.
Information Booster:
• This ruling ensures a balance between individual property rights (now a constitutional legal right under Article 300A) and public welfare objectives.
• It prevents misuse of Article 39(b) by limiting arbitrary expropriation by the state.
Additional Knowledge:
Article 90(1) (Option a)
• Pertains to vacation and resignation of seats in the Rajya Sabha, not related to property rights or DPSPs.
Article 85(2) (Option b)
• Deals with prorogation and dissolution of Parliament sessions by the President, irrelevant to property acquisition.
Article 81(1)(a) (Option c)
• Concerns composition of the Lok Sabha and population-based representation, not resource distribution or property laws.

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