Indian Express Editorial Analysis
SC Verdict on Private Property under Article 39(b)
Context
- Evolution of Private Property: The meaning of private property has changed over time, with the Supreme Court (SC) verdict on Article 39(b) reflecting this shift.
Introduction
- SC Ruling: A nine-judge Constitution Bench of the Supreme Court ruled on a case concerning private property that was pending for over 30 years.
The Judgement
- Article 39(b) Scope: The SC ruled that not all private property qualifies as “material resources of the community” for redistribution under Article 39(b).
- Directive Principles of State Policy (DPSP): Article 39(b) mandates the state to direct policies to distribute “material resources” for the “common good.”
- Limitations on Article 31C:
- Article 31C, introduced to protect laws implementing Article 39(b) and (c) from judicial review, now has restricted use.
- The SC’s interpretation ensures Article 31C cannot override property rights without specific alignment with Article 39(b).
- Material Resources Definition: The ruling redefined “material resources” under Article 39(b), limiting it to specific cases and not all private property.
Historical Context and Previous Judgments
- Emergency-Era Policies: Economic policies during the Emergency included land ceilings and nationalization.
- Kesavananda Bharati Case (1973): Established the basic structure doctrine, which restricts government amendments infringing on fundamental rights.
Implications of the Ruling
- Clarification of Private Property Rights:
- The ruling balances individual property rights with limited state intervention.
- It reflects India’s liberalized economy, acknowledging private sector contributions to wealth generation.
- Impact on Future Legislation:
- Future laws affecting private property must align with the SC’s interpretation of Article 39(b) and uphold the basic structure doctrine.
Indian Express Editorial Analysis
Bad Weather Friends: Tackling Cross-Border Air Pollution
Introduction
- Call for Cooperation: Mariyam Nawaz, CM of Punjab, Pakistan, emphasizes the need for India and Pakistan to collaborate on air pollution and environmental issues.
Transboundary Environmental Challenges
- Shared Issues: Both countries face similar challenges in pollution due to shared geography.
- Sources: Common pollution sources include festivals, crop burning, and industrial emissions.
Health and Economic Impacts
- Health Burden: Air pollution severely affects respiratory health and strains healthcare systems.
- Economic Cost: India incurs a $37 billion annual loss due to pollution-related health issues.
- Life Expectancy: Air pollution has reduced life expectancy by five years in cities like Lahore.
Impact on Agriculture and Water Resources
- Agricultural Disruption: Pollution and climate change threaten productivity, especially for water-intensive crops.
- Water Security Risk: Shared rivers, like the Indus, are at risk due to glacial melt in the Hindu Kush and Karakoram regions.
Urbanization and Urban Heat Islands
- Heat Islands: Rapid urbanization has led to “urban heat islands,” worsening health and increasing energy demands.
- Loss of Green Spaces: Heat-retaining concrete surfaces replace greenery, intensifying heatwave impacts.
Melting Glaciers and Rising Sea Levels
- Flooding Threat: Glacial melt raises flood risks, impacting food security and groundwater reliance.
- Coastal Erosion: Rising sea levels have caused the Indus Delta to lose 12% of its coastline, impacting fisheries and local communities.
Need for Collaborative Efforts
- Data Sharing & Joint Initiatives: Joint climate and pollution data exchange, research projects, and clean energy initiatives.
- Renewable Energy & Technology Sharing: Cooperation on renewables to reduce pollution and support sustainable energy.
Way Forward
- Long-Term Collaboration: Working together on climate change benefits future generations.
- Youth Engagement: Improved relations encourage collaboration beyond environmental issues, as younger generations look beyond the legacy of Partition.
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