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Does Right To Property Still Exist?

Right to Property

The latitude of Right to property is unceasingly declined by cutting down it through constitutional amendments unlike the fundamental rights. Pragmatically the right to property has come to an end to exist in India in todayís time. In the field of property right many much important legislations in the constitutional law has arisen due to large legislation ratified by the state government and central government to protect the rights of property.

The 44th amendment in the constitution (act), 1978, signifies the fundamental right to property. Before 1978, there were only two articles to protect the right to property which are Article 19(1) (f) and Article 31 but these were also repealed by the amendments of constitution of India and thus leaving the private property defenselessly.

The most prime query in this controversy was the amount of reimbursement for the property rights that can be acquired. The most prime constitutional disputes which have been fought throughout these questions by which the constitution is amended several times to get over these non-convenient judicial proceedings.

The word property is termed From Latin word Ďproprietatí which means a thing owned. The concept of property that has an important place in a human life as it is impossible to live without the use of the material objects which constitutes a subject matter of property in our lives.

The word property is used in much wider sense in today's world. It includes all the rights which a person has which means a personís life, Liberty end reputation which he might have against other on his property.

It also means: the proprietary rights in rem as per the Salmond.

In one of the case of Hindu religious funding VK lakshmindra where Supreme Court said that no way is there why the word 'property' which is used in article 19 (1)(F) of the constitution which is of India that it cannot be provided wide range of connotation. Which gives a reason for giving such a wide meaning to the word 'property' and even in the case of Shantabai v. state of Bombay held that a bare contractual right unattended with any interest in property is property.

In the modern judicial times where it is trend to interpret the right to property in the light of article 21 of the constitution of India which deals with the personal Liberty also needed to be brought up at this place. also in many number of cases apex court has expressed his views that the article 21 should also cover a variety of rights which also constitute the right to personal Liberty of a person.

After the independence of the country, the constitution of India came into force on 26 January, 1950 and the right to property was included as a fundamental right in article 19 (1)(F) and article 31 which is there in Part III which makes it an enforceable right.

During the first decade after independence, it was felt that the right to property is a fundamental Right will be a great imminent in commencing a socio-economic order and also a source of conflict because when the states were o acquire private property for public purposes, particularly for the expansion of rails roads and industries etc.

Now in order to get rid of this hurdle, S C held in the historic case which is also properly known as fundamental rights case That the right to property now no longer a part of the basic structure of the constitution in India and hence the parliament can acquire or takeaway the private property of person for concerned goods or in interest of public.

Thereupon, the 44th amendment of constitution was passed by the parliament which made property right an ordinary legal right, under article 300-A.Today, the position of right to property in India is well expressed by the Supreme Court of India in the case of Indian handicraft emporium vs. union of India, where in the court observe that the right to property is a human right and as a constitutional right under article 300-A, but it is not the fundamental right ask so far concerned. which is indeed a statutory right but the claims to the property would not be property rights.

The constitutional provisions under article 39(b) and 39(c) Reflects the concern of the state against the concentration of the wealth in the hands of few detriments of communal absorption.
There should be a Fair and equitable amount of scattering of wealth amid the country so as to be subservient to the common interest of all sections of the society which through the instrumentality of law by the State which is a principle of guiding in regulation of property. The main focus should be on the socialization of property rather than embrace a tapered individualistic approach for the nation.

The rule against, marshalling, doctrine of perpetuity, unjust enrichment, supplanting, performance part etc. Which with a view to ensure just and fair entertainment of the property Are also absorbed in the property law and safeguarding it from the exploitation.

The SC in some cases adhered that a citizenís right to admit personal property is right of human.

There is a well known case of a woman who is 80 year old, this has happened in 1967, where her land was vigorously taken by the Government of Himachal Pradesh for the construction of the road.

The Court direct the state government for paying compensation to the woman of total rupees 1 crore by using its astonishing jurisdiction under Article 136 and Article 142 of the Constitution.

Its the human right of the citizen to bought a personal property. The state have no right to take ownership of oneís property without succeeding due procedures and jurisdiction of law.
In an earlier verdict, court in case of State of Haryana v. Mukesh Kumar in 2011, held that:
the right to property is not only a constitutional right but also right to property is also a human right.

Basic structure which is of constitution can be attained by means of permissible objectives which are present there in the part III of constitution.

Reference
  • https://brainly.in/question/8775649
  • https://cprindia.org/sites/default/files/chapters/The%20Fundamental%20Right%20to%20Property%20in%20the%20Indian%20Constitution.pdf
  • https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=1094&context=facultyarticles
  • https://www.thehindu.com/news/national/private-property-is-a-human-right-says-sc/article30551819.ece
  • https://en.wikipedia.org/wiki/Twenty-fifth_Amendment_of_the_Constitution_of_India#:~:text=The%20Twenty%2Dfifth%20Amendment%20of,would%20be%20determined%20by%20the

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