Article 39(B) Of The Indian Constitution: A Branch Of The “Living Tree”
- IJLLR Journal
- Jun 12
- 1 min read
Pragya Chauhan, LL.B. (Hons), National Law School of India University (NLSIU), Bengaluru
Delving into the Constitutional Philosophy underlying Article 39(b) and evolution of its interpretation, in light of the discussion on balancing Community Resources and Private Property, as re-ignited by Property Owners Association vs State of Maharashtra 2024.
ABSTRACT
This paper examines the evolving interpretation of Article 39(b) of the Indian Constitution, which mandates equitable distribution of material resources to serve the common good. Originally framed within a socialist vision of a welfare state, the article supported strong state intervention. However, recent jurisprudence—particularly the 2024 Property Owners Association v. State of Maharashtra decision—signals a shift toward balancing state control with individual property rights in light of India’s liberalized economy. The paper traces this evolution through key judgments and engages with property theories from Locke, Hegel, and Radin, highlighting the tension between collective welfare and private ownership. Comparative perspectives from South Africa, Canada, the UK, and the USA further contextualize this shift. Ultimately, the study underscores Article 39(b)'s role as a dynamic constitutional tool that must reconcile changing economic realities with the enduring goal of social justice.
