Criticized Justice VR Krishna Iyer; CJI DY Chandrachud face strong objection from Justice BV Nagarathna and Justice Sudhanshu Dhulia

NEW DELHI: Chief Justice of India DY Chandrachud, in his judgment, rejected Justice VR Krishna Iyer's stand that private property can be acquired by the state for public good. In the judgment, Chandrachud mentioned that Krishna Iyer had insulted the spirit of the Constitution. Chandrachud observed that Krishna Iyer and Chinnappa Reddy had written the judgment under the influence of a particular economic philosophy and the judgment was not in consonance with Article 39(b) of the Constitution.

Justice BV Nagarathna of the bench did not approve of Chandrachud's criticism of Justice Krishna Iyer. "The reference is unwarranted and unjustified. The Supreme Court is greater than the judges. The judges are only those who have been part of the Supreme Court at various stages in the history of the country. They acted based on the vision of the framers of the Constitution. They cannot be tarnished by looking at the changed economic situation," Nagarathna said.

Justice Sudhanshu Dhulia, who wrote the dissenting judgment, said Chandrachud's criticism was harsh and should have been avoided. "The judgment of the former judges is based on the principles of justice and equality. Judges are the ones who have lit up our path in times of darkness. Their judicial philosophy was to hold man together," Dhulia added.

The issue has now come up before a nine-judge Constitution bench only to evaluate Article 39B of the Constitution on a petition relating to the price of land acquired by the government under the amendment to the Maharashtra Housing and Area Development Act.