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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | RIGHT TO PROPERTY AND THE CONSTITUTION OF INDIA |
| Authors Name: | Kumarappan M |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_209601
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| Published Paper Id: | IJNRD2311288 |
| Published In: | Volume 8 Issue 11, November-2023 |
| DOI: | http://doi.one/10.1729/Journal.36885 |
| 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 However, the 44th Amendment in 1978 repealed these rights, introducing Article 300A and amending Articles 31A, 31B, and 31C.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. |
| 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 |
| Cite Article: | "RIGHT TO PROPERTY AND THE CONSTITUTION OF INDIA", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.8, Issue 11, page no.c711-c716, November-2023, Available :http://www.ijnrd.org/papers/IJNRD2311288.pdf |
| Downloads: | 000118760 |
| ISSN: |
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
| Publication Details: |
Published Paper ID:IJNRD2311288 Registration ID: 209601 Published In: Volume 8 Issue 11, November-2023 DOI (Digital Object Identifier): http://doi.one/10.1729/Journal.36885 Page No: c711-c716 Country: Pudukkottai , Tamil Nadu , India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2311288 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2311288 |
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ISSN: 2456-4184
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