A nine-judge Constitution Bench of the Supreme Court reserved judgment on Wednesday on the question whether material resources created by individual human labour would constitute the resources of the community.
The hearing by a Bench headed by Chief Justice of India D.Y. Chandrachud fundamentally centred on the contours of Article 39(b) of the Constitution, including whether privately-owned resources could be considered as “material resources of the community”.
Attorney General (A-G) R. Venkataramani, appearing for the Union of India, submitted that “all things in the material world which are available and made available by human interaction or engagement constitute the material resources of the community”.
The Chief Justice had asked whether resources created by corporations, such as semiconductor chips or mobile phones, were resources of the community.
“So, I build a house using my own income, is it the material resource of the community? I own a car, is it the material resource of the community? Is there no concept of private property,” Chief Justice Chandrachud had queried.
Mr. Venkataramani had responded that “if it goes beyond the boundary of private consumption, there is an element of the community having a call on the resource”.
“Once resources are in the hands of the state, no further questions about ownership and control issues will make sense,” the A-G said.
