CJI DY Chandrachud's remark on Krishna Iyer unwarranted, could have been avoided: Justices Nagarathna, Dhulia
Supreme Court judges B V Nagarathna and Sudhanshu Dhulia on Tuesday took exception to Chief Justice DY Chandrachud's remark during his judgement related to private properties that the Justice Krishna Iyer doctrine did a «disservice» to the broad and flexible spirit of the Constitution. While Justice Nagarathna said the CJI's observations are unwarranted and unjustified, Justice Dhulia strong disapproved the remarks and said the criticism is harsh, and could have been avoided.
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The nine-judge bench comprising Chief Justice D Y Chandrachud and justices Hrishikesh Roy, B V Nagarathna, Sudhanshu Dhulia, J B Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih pronounced the verdict.
The majority verdict pronounced by the CJI overruled Justice Iyer's previous ruling that all privately owned resources can be acquired by the State for distribution under Article 39(b) of the Constitution.
The CJI wrote for himself and six other judges on the bench which decided the vexed legal question on whether private properties can be considered «material resources of the community» under Article 39(b) and taken over by State authorities for distribution to subserve the «common good».
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