Right to property under indian constitution. Right to property as a Constitutional right 2022-10-11
Right to property under indian constitution Rating:
4,8/10
948
reviews
The right to property is a fundamental right guaranteed under the Indian Constitution. It is recognized as a fundamental right under Article 300A of the Constitution, which states that "no person shall be deprived of his property save by authority of law." The right to property is a part of the personal liberty guaranteed under Article 21 of the Constitution, which states that "no person shall be deprived of his life or personal liberty except according to procedure established by law."
The right to property was originally recognized as a fundamental right under the Constitution when it was adopted in 1950. However, it was later deleted from the list of fundamental rights by the 44th Amendment Act of 1978. The reason for this was that the government felt that the right to property had become an obstacle to land reform and other social and economic policies aimed at improving the lives of the poor.
Despite being deleted from the list of fundamental rights, the right to property continues to be protected under the Indian Constitution. It is now recognized as a legal right rather than a fundamental right, and is protected under Article 300A. The government is required to compensate any person whose property is taken for public use, and the procedure for taking property must be fair and reasonable.
The right to property is also protected under various other provisions of the Constitution. For example, Article 31A and 31B provide protection for property acquired under land reform laws, while Article 31C provides protection for property acquired under laws that seek to implement policies of social justice.
In conclusion, the right to property is a fundamental right guaranteed under the Indian Constitution, and is protected under various provisions of the Constitution. Despite being deleted from the list of fundamental rights, it continues to be protected as a legal right and the government is required to compensate any person whose property is taken for public use.
Right to Property under the Indian Constitution
Police power has been defined as the power of promoting the public welfare by restraining and regulating the use of liberty and property. This manuscript also emphasizes on compensation, rehabilitation and resettlement to the affected families under LARR Act. Some companies found that the amounts they received were less than the value of their government securities and the amounts of their bank balance and of their currency notes after providing for all their liabilities; in other words, there was a blatant repudiation of national debt. Different rulers came to our country and tried to change our customs and traditions and impose their own rules on us. In view of the special position sought to be given to fundamental rights, the right to property, which has been the occasion for more than one Amendment of the Constitution, would cease to be a fundamental right and become only a legal right. In other words, Article 13 1 , which provided that any law inconsistent with the fundamental rights was invalid to the extent of that inconsistency, was in effect repealed so far as laws listed in the Ninth Schedule were concerned.
The purpose of these amendments related to the power of the state o compulsory acquisition and requisitioning of private property. Basanti Bai it was urged that the provisions of sub-sections 3 and 4 of Sec. Article 31A providing immunity from judicial review of the acquisition of zamindari and abolition of permanent settlements. Though the right to property is not a fundamental right, it is a valuable constitutional right, according to the Supreme Court in the case of B. However, during the first decade of independence era, it was felt that the right to property as a fundamental right was a great impediment in ushering a just socio-economic order and a source of conflict when the State was to acquire private property for public purposes, particularly, expansion of rail, road and industries etc. The Supreme Court held that no State policy would be entitled void because it is inconsistent with the fundamental rights.
"Right to property is still a constitutional right under Article 300A of the Constitution"; SC reminds in a case where State took possession of surplus land in absence of surplus land
Article 19 1 f was repealed by 44th Constitutional Amendment Act, 1978. The latest position with regard to property in India is well expressed by the Supreme Court of India in Indian Handicraft Emporium v. Article 31 C had a worse fate. The right to property which was earlier provided as a fundamental right under Article 19 of Part III of the Constitution has been abolished by 44th Amendment Act, 1978 which added altogether a distinct provision as Article 300A in the Constitution. The circumstances and the process of transformation of the right to property are an object lesson in the complexity of constitutional law. What is the basic principle of the constitution?? Today, the need is felt to restore the right to property as a Fundamental Right for protecting at least the elementary and basic proprietary rights of the poor Indian citizens against compulsory land acquisition.
Right to Property under Indian Constitution: Sonalika Gupta
Shukla: The Constitution of India, p. The State has to justify its stand on justifiable grounds which depend upon legislative policy. For almost a decade after the First Amendment, the High Courts and the Supreme Court were involved in the resolution of cases involving zamindari abolition. Implications i The Right to Property would now be a Constitutional Right and not a Fundamental Right. It was argued that the state in Article 12 included parliament and the word law in Article 13 2 , therefore, must include Constitution amendment. Inheritance The right of inheritance is found on the assumption that property serve as a best means of social security.
Jagannadhadas Construe Article 19 1 f and 5 as not having reference to concrete property rights and restrictions on them would enable the legislature to impose unreasonable restrictions on the enjoyment of concrete property except where such restrictions can be brought within the scope of article 31 2 by some process of construction. The subject being too vast to cover in one Article, I am dealing with only the Banks Nationalisation Act, 1969 in which the question of Right to Property as a fundamental right was argued and decided. Conclusion Now, it is categorical that property rights and their protection has been the talk of the town from the ancient period and is not a de novo concept and hence, the act of switching right to property from a fundamental right to a legal right was towards saving the rights of people along with curtailing the accumulated rights of zamindars. Right to Property in the United States of America The Fourth Amendment Act of the U. It was amended now and then.
Recently, attempts by the State to amend the law led to violent protests from the tribal people. It is another matter that the said provisions were misused, and what we are discussing today, but the abuse of the socialist state in India is not the scope of the present article and the articles are considered on their face value only. He can seek justice from the High Court in the case when the amount of compensation is unfair. For example, the right to sue for debt is destroyed after a prescribed period in India it is 3 years. All the requirements of a valid exercise of the power of eminent domain even in the sense in which it was understood in the United States ofAmerica where property rights are given greater protection than what is required to be done in our country were fulfilled by the impugned Act. It consists of money, a contract, an ownership stake in property, etc. The result is that the right to property as a fundamental right is now substituted as a statutory right.
Right to Property in India: everything important you should know about
Now, after Article 31 has been repealed, the cases under the right to property, do not guarantee compensation to the landowner. The above entries were deleted by the Seventh Amendment which came into force from 1 November, 1956, and the following new Entry 42 was substituted in List III: Acquisition and Requisitioning of Property. Thus property may be needed and acquired under this power for government office, libraries, slum clearance projects, public schools, parks, hospitals, highways, telephone lines, colleges , universities, dams, drainages etc. The constitution of India has included the Land reform in State subjects. The law guarantees the owner of property, exclusive control and enjoyment of property owned by him. THE FIFTH SCHEDULE The fifth schedule of the constitution covers regions in 10 States via Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odessa, and Rajasthan.
Right to Property in India & Why does it matter In 2023
Unconstitutional in reality but fictional In the second case the law is unconstitutional in reality but is deemed by a fiction of law not to be so; with the result that Constitution breaking law is validated and there is a repudiation of the Constitution pro tanto. This right was subject to restrictions mentioned in Article 19 1 f 6. It is not in dispute that the suit in the present case was filed within three months as provided under sub-section 5 of Section 11 of the Act. In particular, the riots and killings in Singur, Nandigram etc. Martin Lottery Agencies Ltd.
On the other hand, Article 31 guaranteed the right against property deprivation. The Article states that, any Act or Regulation made under the Ninth Schedule cannot be questioned or challenged on any ground before any Court of law that is it void or inconsistent with any provision of Fundamental Right. In pursuance of any agreement entered into between the Government of the Dominion of India or the Government of India or the Government of India and that of any other country, or otherwise, with respect to property declared by laws evacuee property. This was done ostensibly so as not to compromise laws relating to taxation. Kinds of Property Broadly speaking, the objects which are capable of becoming property are those over which a person exercises a right and with reference to which another person owes a duty. The Constitution makers bestowed right on every citizen of the country to acquire, hold and dispose of property and also provided ample safeguards against deprivation of the property by Legislature by confining such deprivation for public purpose only and only on payment of compensation to the expropriated owner either by fixing the amount of compensation or by specifying the principles upon which it could be determined or fixed.
