Paper Title
RIGHT TO PROPERTY AND THE CONSTITUTION OF INDIA
Article Identifiers
Registration ID: IJNRD_209601
Published ID: IJNRD2311288
: http://doi.one/10.1729/Journal.36885
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Keywords
Right to Property,Fundamental Rights, 44th Amendment Article 300A, Articles 31A, 31B, 31C,Article 19(1)(f) ,Agrarian Reforms, Ninth Schedule, Judicial Review,25th Amendment
Abstract
The Constitution of India initially granted the Right to Property as a fundamental right under Article 19(1)(f) and Article 31. However, the 44th Amendment in 1978 repealed these rights, introducing Article 300A and amending Articles 31A, 31B, and 31C. Article 19(1)(f) emphasized an individual's right to acquire, hold, and dispose of property, while Article 31 protected against deprivation except by lawful authority. Post-amendment, Article 300A states that no person shall be deprived of property except by authority of law. The 44th Amendment removed the right to property as a fundamental right, allowing regulation through ordinary laws. The legal right to property does not protect against legislative action, and violations must be addressed in the High Court under Article 226. While the fundamental right to property under Part III was abolished, Articles 30 and 31A still provide compensation guarantees in specific cases. Agrarian reforms drove the abolition, aiming to redistribute surplus lands among the landless. Articles 31A, 31B, 31C, and 300A now govern the right to property, protecting against arbitrary deprivation. Article 31A safeguards laws related to land reforms from challenges based on violation of fundamental rights. Article 31B protects Acts in the Ninth Schedule from being void on the grounds of inconsistency with Part III rights. Article 31C empowers Parliament and State Legislatures to enact laws securing directive principles without challenge under Article 14 and 19. The 44th Amendment clarified that laws added to the Ninth Schedule after April 24, 1973, are subject to judicial review. Article 31C, introduced by the 25th Amendment, safeguards laws implementing directive principles from being void due to contravention of fundamental rights. Further amendments, such as the First, Fourth, Twenty-Fifth, and Forty-Fourth, refined aspects like compensation and legislative protection. The Forty-Fourth Amendment in 1978 deleted Article 31 along with Article 19(1)(f), making the right to property a legal right under Article 300A. Eminent domain, akin to the power of taxation, allows the state to take private property for public purposes upon just compensation. Overall, the evolution of property rights in India reflects a balance between individual rights and societal welfare.
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How To Cite (APA)
Kumarappan M (November-2023). RIGHT TO PROPERTY AND THE CONSTITUTION OF INDIA. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 8(11), c711-c716. http://doi.one/10.1729/Journal.36885
Issue
Volume 8 Issue 11, November-2023
Pages : c711-c716
Other Publication Details
Paper Reg. ID: IJNRD_209601
Published Paper Id: IJNRD2311288
Research Area: Other
Author Type: Indian Author
Country: Pudukkottai , Tamil Nadu , India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2311288.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2311288
Crossref DOI: http://doi.one/10.1729/Journal.36885
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