Everything you need to know about the Right to Property!

The right to property was a basic right until the Indian government encountered difficulties in acquiring immovable properties in the public good. As a result, it was repealed as a basic right in 1978, although it remained a human right. This implies that no one’s property may be obtained unless there is legal permission, and there will be no guaranteed right to compensation if private real estate is acquired.

The Right to Property was enshrined in the Indian Constitution, providing Indian residents the ultimate right to acquire, dispose of, and maintain family possessions. This right eventually ceased to exist as a basic right. Please explain in full why and how this Article’s legal standing has shifted from basic to human right:

What exactly is the article on the Right to Property?

It was a basic right in which a person had complete authority over the ownership of immovable property. However, with the addition of Article 300-A to the Indian Constitution in 1978, this right ceased to be a basic right but remained a constitutional and human right.

According to Article 300-A of the Indian Constitution, the right to property stipulates that no one, other than the state, has the ability to deprive a person of his or her immovable property (government). Even though the government has the authority to acquire private property, the rationale for acquisition must be legitimate and in the public interest. Private properties, for example, are bought in return for a fair price in order to construct municipal facilities.

Is the right to property a basic right?

Fundamental rights refer to the fundamental rights given by a country’s constitution to its inhabitants. Human rights, on the other hand, are the universal rights of all people, regardless of citizenship, religion, caste, creed, colour, sex, or language.

Under the 44th Amendment added to the Indian Constitution in 1978, the right to property remained a human right rather than a fundamental one. This is due to the inclusion of Article 300-A in Part XII of the 1978 Constitution Act, which abolished Article 31.

Why was the right to property deleted from the list of fundamental rights?

The following are the main reasons for removing the right to property from the list of basic rights and placing it under human or legal rights:

  • Public necessity is regarded as more important than individual requirement.
  • Economic distribution and socialism objectives
  • Citizens’ civic facilities are being developed.
  • to better serve the public interest

As a result, the concept of property ownership was altered in 1978. However, the government may acquire private property for legitimate reasons. For the sake of the public good, the Supreme Court does not encourage or support trespassing based on adverse possession of property.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.


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