Constitution and the Redistribution of Wealth
Published On:
The ongoing political campaigns have sparked a discussion, about wealth distribution in India. This controversial topic focuses on how material resources are allocated and controlled, impacting economic fairness and social equality.
Constitutional Perspective:
The preamble of the Indian Constitution aims to ensure economic justice, liberty and equality for all citizens. Fundamental rights outlined in Part III guarantee freedoms and equality. Part IV includes Directive Principles of State Policy (DPSP) which while not binding guide governance with a focus on justice. These DPSP provisions address justice; Article 39 (b); Promotes the distribution of ownership and control of resources for the good. Article 39 (c); Seeks to prevent wealth concentration that may harm welfare.
Historical Background:
Initially the Constitution recognized property rights as fundamental under Article 19 (1) (f). Article 31 mandated state compensation for property acquisition. However changes were necessary due, to land reforms and public infrastructure projects requiring flexible land procurement methods. Amendments, like Articles 31A, 31B and 31C have restricted the right to property giving the government the authority to acquire land for benefit.
Regarding Judicial Interpretations:
Courts have struggled with how fundamental rights interact with DPSP. In the Golak Nath case, 1967 the Supreme Court ruled that fundamental rights should not be weakened to enforce DPSP. The current debate revolves around whether private properties considered "material resources of the community" fall under Article 39(b). Recently the Supreme Court established a nine judge Bench to interpret DPSP concerning ownership and management of material resources.
To sum up wealth redistribution remains an issue as we balance rights, with collective well-being. The judiciary’s interpretation of these provisions will influence India’s landscape and societal structure.