CJIs remarks on the Krishna Iyer doctrine were objected to by Justices Nagarathna and Dhulia
Last Updated on November 9, 2024 by Shianjany Pradhan
Justices Nagarathna and Justice Sudhanshu Dhulia, while giving judgment in a case related to article 39(b), raised objections to the statements that were made by Chief Justice of India, DY Chandrachud, against the doctrine of Justice Krishna Iyer.
The 9-judge bench headed by CJI DY Chandrachud was deciding whether privately owned resources fall under the reach of the term material resources of the community, where the state must distribute the same.
This was when CJI disagreed with the judgment given by Justice Krishna Iyer in the State of Karnataka v. Ranganatha Reddy that private properties do fall under the category of community resources.
Justice Nagarathna recorded her objection by saying that private properties can fall under the community resources and that the vision of the framers of the constitution has been referred to advance the views.
It was said that the decision must be read in light of that time’s social, cultural, and political background.
Justice Nagarathna said that if a change has happened in the country’s economic policies, that cannot be grounds to tarnish the judges of yesteryears.
She also said that the doctrine in question, the Krishna iyer doctrine or the O. Chinappa Reddy doctrine, is familiar to all in law. It has illuminated the paths in the dark.
The concerned remark is not mentioned in the final uploaded version of the judgment.
