Everything You Need To Know About The Right To Property

The right to property was a fundamental right until the Indian government encountered difficulties in acquiring immovable properties in the public interest. As a result, it was repealed as a fundamental right in 1978, but it remained a human right. This means that no one’s property can be obtained unless there is legal authority, 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, guaranteeing Indian citizens the absolute right to acquire, dispose of, and hold family properties. This right eventually ceased to exist as a fundamental right. Please explain in detail why and how this Article’s legal status has shifted from fundamental to human right:

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What exactly is the article on the Right to Property?

It was a fundamental right in which a citizen had complete control 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 fundamental right but remained a constitutional and human right.

According to Article 300-A of the Indian Constitution, the right to property states that no one, other than the state, has the authority to deprive a person of his or her immovable property (government). Although the government has the authority to acquire private property, the reason for acquisition must be legitimate and in the public interest. Private properties, for example, are acquired in exchange for a fair price in order to develop civic amenities.


Right To Property: Is the right to property a basic right?

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

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 This is due to the inclusion of Article 300-A in Part XII of the 1978 Constitution Act, which repealed Article 31.



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


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


  • Public necessity is regarded as more important than private necessity.
  • Economic distribution and socialism objectives
  • Citizens’ civic amenities are being developed.
  • To better serve the public interest

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


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