QUESTION

Easy

Indian Polity

Prelims 2021

What is the position of the Right to Property in India?

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Explanation

Previously a Fundamental Right

  • Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31.
  • This meant citizens had the right to acquire, hold, and dispose of their property.
  • Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only.

Change in 1978

  • The 44th Amendment Act of 1978 changed the status of the Right to Property.
  • Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
  • A new Article, 300-A, was introduced under Part XII of the Constitution.

Current Status: A legal right available to any person.

  • Article 300-A states, "No person shall be deprived of his property save by authority of law."
  • This means the government can still acquire private property, but only under legal authorization.
  • The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.

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