Right to Property
Part of: GS Prelims and GS-II- Polity
- 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