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Justices Nagarathna and Dhulia object to CJI's remarks against Justice Krishna lyer
Millennium Post Delhi
|New Delhi 06November2024
In a significant judicial pronouncement, Supreme Justices BV Nagarathna and Sudhanshu Dhulia on Tuesday voiced their disapproval of Chief Justice D Y Chandrachud's critical remarks on the legacy of Justice V R Krishna Iyer's doctrine in the context of private property rights.
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The ruling, delivered by a nine-judge bench led by CJI Chandrachud, addressed the constitutional scope of State authority in appropriating private property under Article 39(b) of the Constitution for equitable distribution.
The majority verdict, authored by CJI Chandrachud, overruled Justice Krishna Iyer's interpretation that allowed the State to acquire privately owned resources for public distribution, citing it as a disservice to the "broad and flexible spirit" of the Constitution. Justice Iyer, known for his progressive judgments and humanistic approach, had been a proponent of State intervention to facilitate social equity, a stance that has influenced Indian jurisprudence for decades.
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