Right to Property

Right to Property

Part of: GS Prelims and GS-II- Polity

In News:

• Supreme Court has stated that forcible dispossession of a person’s property a human right violation
• SC stated that right to property is both a human right and a constitutional right — the latter under Article 300A of the Constitution.
• The court noted “some amount of property right is an indispensable safeguard against tyranny and economic oppression of the government.”
• Article 300A states that – No person shall be deprived of his property save by the authority of law.
• The 44th constitutional amendment act, 1978 inserts article 300-A.
• Before this amendment, right to property was the fundamental right, enshrined in article 19 (1) (f) & 31 of the Constitution. 
• After 44th amendment, article 300-A only prohibits deprivation of the right to property by mere executive order unless that order is made or authorised by some law enacted by the legislature
• However, the aggrieved person can challenge the legality or fairness of procedure followed for acquisition of land instead of acquisition of land