Right to Property

Right to Property

The right to property was initially one of the seven major rights revered To a limited extent or part III of the Constitution. Article 19(1)(f) and Article 31 managed it. Each resident has the privilege to secure, hold, and discard property, as per Article 19(1)(f).

Behind the controversy about the relationship between rights and directive principles, there was one important reason: in the Constitution, originally, there was a fundamental right to ‘acquire, possess and maintain’ property. But the Constitution made it clear that property could be taken away by the government for public welfare. Since 1950, government made many laws that limited this right to property. This right was at the centre of the long debate over the relationship between rights and directive principles.

Finally, in 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had power to abridge this right by an amendment. In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right under article 300 A.

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