journal
Analysis
Schrodinger’s Article
In a case about the nature of private property, the top court has had to grapple with an Article that may or may not exist
28th Apr 2024
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Fundamental Duties: Court in Review
Fundamental Duties are duties that citizens owe to the State. They cannot be enforced in a court of law.
29th Mar 2022
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Nature of Private Property
Decided
Property Owners Association v State of Maharashtra
The Supreme Court unanimously held that Article 31C as upheld in Kesavananada Bharati (1973) remains in the Constitution after the decision in Minerva Mills (1980). The majority also held that not all privately owned property is a "material resource of the community" in an 8:1 majority.
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Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, B.V. Nagarathna J, Sudhanshu Dhulia J, J.B. Pardiwala J, Manoj Misra J, Rajesh Bindal J, S.C. Sharma J, A.G. Masih J