‘Is right to property a fundamental right or constitutional right?’ is one of the major questions that need to be answered to erase the ambiguity from people’s minds. Articles 19 and 31 of the Constitution originally established the right to property. Let us look at your concerns about right to property is a fundamental right or not.
All citizens have the right to acquire, possess, and dispose of property under Article 19. "No individual shall be deprived of his property unless by authority of law," according to Article 31. It further stated that a person whose property was taken for public reasons would be compensated.
The provision of the right to property is a fundamental right, has undergone several revisions. The 44th Amendment, which was ratified in 1978, eliminated the right to property from the list of fundamental rights. Article 300-A of the constitution was inserted, which stated that "no person shall be deprived of his property except by authority of law."
As a result, if a lawmaker passed a law stripping a person of his property, the State would be under no responsibility to compensate him. Furthermore, because the right to property is no longer a fundamental right, the aggrieved individual would have no right to file a lawsuit under Article 32, even though it is still a constitutional right. Before the amendment, if the government looked to be acting unfairly, the action might have been challenged in a court of law by unhappy citizens.
Farmers have protested the liberalization of the economy and the government's proposal to establish special economic zones, calling for the restoration of the fundamental right to private property. The Supreme Court had sent a notice to the government inquiring why the right could not be reinstated, but the PIL was dismissed in 2010.
Although the right to property is no longer a fundamental right, it is nonetheless protected as a constitutional and human right under the Constitution. I hope this answer justifies the questions regarding right to property is a fundamental right or not and has removed the ambiguity from your mind regarding their confusion about their right to property.
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Is Right To Property A Fundamental Right?
Kriti
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2022-02-18T10:13:18+00:00 2023-10-18T17:12:11+00:00Comment
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