Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Access Denied
    Access Denied Nation
  • Delhi Chief Minister Atishi Meets PM Modi
    Delhi Chief Minister Atishi Meets PM Modi Nation
  • Access Denied Sports
  • Access Denied Sports
  • Increase pace of works at Zaheerabad NIMZ: Sangareddy Collector
    Increase pace of works at Zaheerabad NIMZ: Sangareddy Collector Nation
  • Threat to Constitutional freedoms: Civil society groups oppose Maharashtra Freedom of Religion Act, 2026
    Threat to Constitutional freedoms: Civil society groups oppose Maharashtra Freedom of Religion Act, 2026 Nation
  • Climate change funding talks stuck ahead of COP29 summit
    Climate change funding talks stuck ahead of COP29 summit Science
  • India vs South Africa LIVE Score, T20 World Cup 2024 Final: Rohit Sharma And Co Face Proteas In Summit Clash
    India vs South Africa LIVE Score, T20 World Cup 2024 Final: Rohit Sharma And Co Face Proteas In Summit Clash Sports
Top Court Judge Red-Flags Criticism Of Past Judges

Top Court Judge Red-Flags Criticism Of Past Judges

Posted on November 5, 2024 By admin


Justice BV Nagarathna delivered a concurrent but separate judgment

New Delhi:

Judges should be mindful of not castigating past judges only because they reached a different outcome while deciding a case, Justice BV Nagarathna said today. The remark was made as the Supreme Court ruled that all privately owned property does not qualify as community resources that the State can take over for the common good.

The landmark verdict was delivered by a nine-judge Constitution bench led by Chief Justice of India DY Chandrachud and comprising Justice Hrishikesh Roy, Justice Nagarathna BV, Justice Sudhanshu Dhulia, Justice JB Pardiwala, Justice Manoj Misra, Justice Rajesh Bindal, Justice SC Sharma and Justice AG Masih. The bench passed the ruling with an 8-1 majority. Three judgments were authored — the Chief Justice wrote one for himself and six colleagues, Justice BV Nagarathna wrote a concurrent but separate judgment and Justice Sudhanshu Dhulia dissented.

One of the past verdicts referred to extensively during today’s judgment was the 1977 ruling in the State of Karnataka vs Ranganath Reddy case. This case addressed the issue of nationalisation of private transport companies and the extent to which the State can intervene in private enterprises. The matter had come up when the then Karnataka government brought a law to nationalise private bus services. A seven-judge bench had then ruled with a 4-3 majority

that all private property did not fall within the ambit of material resources of the community. Justice VR Krishna Iyer, one of the judges in the minority, had contended that both public and private resources fell within the ambit of “material resources of the community” under Article 39(b) of the Constitution.

“We have been guided by the thought that an all-too-large gap between the law and public needs, arising out of narrow notions, must be bridged by broadening the constitutional concepts to suit the changing social consciousness of the emerging Welfare State. Institutional crises and confrontations can be and should be avoided by evolving a progressive interpretation, discarding over-sensitivity to under-valuation when private property is taken for public good,” Justice Iyer had said.

Delivering the judgment today, the Chief Justice said, “Does material resource of a community used in 39B include privately owned resources? Theoretically, the answer is yes, the phrase may include privately owned resources. However, this court is unable to subscribe itself to the minority view of Justice Iyer in Ranganath Reddy. We hold that not every resource owned by an individual can be considered a material resource of a community only because it meets the qualifier of material needs.”

The Chief Justice also pointed out that Justice Iyer referred to Karl Marx in his judgment. “The judgment is rooted in the economic ideology that private property can be used by the state for the welfare of people. The role of this court is not to lay down economic policy but to facilitate to lay down economic democracy,” he said, adding that the country’s economy has shifted from a socialist approach to a liberal economic regime.

“The doctrinal error in the Krishna Iyer approach was, postulating a rigid economic theory, which advocates for greater state control over private resources, as the exclusive basis for constitutional governance,” the Chief Justice said. 

In response, Justice Nagarathna said Justice Iyer’s judgment on community resources came against a backdrop of a constitutional and economic structure that gave primacy to the State in a sweeping manner. “Can principles of liberalisation, privatisation and globalisation adopted in India since the year 1991, reforms in the economy and structural changes that have been brought about in these last three decades hold a mirror against the socioeconomic policies that were followed in the decades immediately after India attained independence? As a result, can the judgments of this Court which interpreted the Constitution to be compatible with the policies of the State then be considered to be “a disservice to the broad and flexible spirit of the Constitution” and the authors of the said judgments being critiqued today?” she said.

Justice Nagarathna flagged some of the Chief Justice’s observations on Justice Iyer’s judgment and said they are “unwarranted and unjustified”. “It is a matter of concern as to how the judicial brethren of posterity view the judgments of the brethren of the past, possibly by losing sight of the times in which the latter discharged their duties and the socio-economic policies that were pursued by the State and formed part of the constitutional culture during those times. Merely because of the paradigm shift in the economic policies of the State to globalisation and liberalisation and privatisation, compendiously called the “Reforms of 1991″, which continue to do so till date, cannot result in branding the judges of this Court of the yesteryears ‘as doing a disservice to the Constitution’,” she wrote. 

She noted that such observations made by the Supreme Court create a “concavity in the manner of voicing opinions on judgments of the past and their authors by holding them doing a disservice to the Constitution of India and thereby implying that they may not have been true to their oath of office as a Judge of the Supreme Court of India”. Justice Nagarathna, however, agreed with the majority judgment and said a “flexible interpretation” of the Constitution is needed as times change.

Justice Nagarathna said the Indian judiciary has an obligation to meet newer challenges by “choosing only that part of the past wisdom which is apposite for the present without decrying the past judges”. “I say so, lest the judges of posterity ought not to follow the same practice. I say that the institution of the Supreme Court of India is greater than individual judges, who are only a part of it at different stages of history of this great country,” she said. 

Justice Dhulia, who delivered a dissenting judgment, too, flagged the Chief Justice’s remark in the majority judgment on Justice Iyer’s ruling. “I must also record here my strong disapproval on the remarks made on the Krishna Iyer Doctrine as it is called. This criticism is harsh, and could have been avoided,” he said. 



Source link

Nation Tags:Chief Justice of India DY Chandrachud, Justice BV Nagarathna, Supreme Court

Post navigation

Previous Post: How Kamala Harris’ Ancestral Tamil Nadu Village Is Preparing For US Polls
Next Post: Renowned Singer Sharda Sinha On Ventilator Support At AIIMS, PM Modi Assures Help For Treatment

Related Posts

  • Access Denied
    Access Denied Nation
  • Partnership in crime, incubated behind bars in Telangana
    Partnership in crime, incubated behind bars in Telangana Nation
  • Access Denied
    Access Denied Nation
  • Access Denied
    Access Denied Nation
  • Nirmala Sitharaman’s Budget Day Saree Is A Tribute To Madhubani Art
    Nirmala Sitharaman’s Budget Day Saree Is A Tribute To Madhubani Art Nation
  • Access Denied
    Access Denied Nation

More Related Articles

CBI registers case against retired Navy Captain over alleged ‘illicit wealth’ CBI registers case against retired Navy Captain over alleged ‘illicit wealth’ Nation
Why did Allahabad High Court rule that wearing a headscarf is not an essential religious practice? | Explained Why did Allahabad High Court rule that wearing a headscarf is not an essential religious practice? | Explained Nation
Access Denied Access Denied Nation
Threat to Constitutional freedoms: Civil society groups oppose Maharashtra Freedom of Religion Act, 2026 Practice followed earlier will continue in Thirupparankundram deepam issue, says Minister Nation
Access Denied Access Denied Nation
Social Media And Private Partnership Social Media And Private Partnership Nation
SiteLock

Archives

  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Parts of Hyderabad receive brief showers on September 20
  • India thrash Indonesia 13-1 in Asian Games men’s hockey opener
  • Activists accuse Mumbai cops of pressuring people, raiding venues to stop Umar Khalid film screening
  • Red Bishop beats the odds to claim the Indian St. Leger
  • Minister promises exclusion of inhabited and agricultural areas from Ecologically Sensitive Area

Recent Comments

  1. Angelbem on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. JeffreyPap on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. TimmyMEs on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. Angelbem on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. JeffreyPap on UP Teacher Who Asked Students To Slap Muslim Classmate
  • Deadly Scenes As Desperate Gazans Rush Aid Trucks: Pity Us
    Deadly Scenes As Desperate Gazans Rush Aid Trucks: Pity Us World
  • First Time In 147 Years: England Register Unbelievable Record In Test Cricket Against New Zealand
    First Time In 147 Years: England Register Unbelievable Record In Test Cricket Against New Zealand Sports
  • Access Denied Sports
  • Markets fall in early trade after record-breaking rally
    Markets fall in early trade after record-breaking rally Business
  • “All Infosys Employees In Israel Safe,” Says CEO As War Enters 6th Day
    “All Infosys Employees In Israel Safe,” Says CEO As War Enters 6th Day Nation
  • Marseille Lose Ground On Leaders As Last-Gasp Lyon Win
    Marseille Lose Ground On Leaders As Last-Gasp Lyon Win Sports
  • Stop Clock In Cricket – What Is ICC’s New Rule For T20 World Cup 2024?
    Stop Clock In Cricket – What Is ICC’s New Rule For T20 World Cup 2024? Sports
  • India, Pakistan naval vessels collide; MEA summons Pakistan envoy in New Delhi
    India, Pakistan naval vessels collide; MEA summons Pakistan envoy in New Delhi World

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.