Abstract
This paper seeks to look at the Directive Principle enshrined in Article 39(b) of the Constitution of India and analyze it in light of the Fundamental Rights enshrined in the Constitution. The author shall demonstrate that the Supreme Court of India has been mistaken in its analysis of the scope of Article 39(b); particularly in relation to Article 31C, and generally in relation to Part III of the Constitution. The interpretation placed by the Court in Sanjeev Coke is currently being reviewed by a larger Bench of nine judges. This paper attempts to posit the argument that Article39 (b) should not be deployed towards the nationalization of private property or the collection of assets/resources by the State, but must, instead, be interpreted such that it applies to the stage of distribution, as distinct from the stage of collection, of assets.
Recommended Citation
Naniwadekar, Mihir
(2009)
"Sanjeev Coke, a Critique - An Evaluation of Article 39(B),"
National Law School of India Review: Vol. 21:
Iss.
1, Article 7.
Available at:
https://repository.nls.ac.in/nlsir/vol21/iss1/7
