The evolution of property rights in India reflects an intricate relationship that exists between individual rights and public welfare. Discuss this statement with the help of relevant constitutional provisions and case laws.

Recently the Supreme Court in Property Owned Association case declared that A-29(i) is not absolute right highlighting weight to property of their individual owners.

Right to Property - Intricate Relation between Individual & Public Welfare

(i) Original Constitution provided by 2 provisions:

L A-19 - right to acquire, dispose & use property

L A-31 - Mandatory compensation in case of acquisition under eminent domain and protection from arbitrary acquisition of property

(iii) Art-31(C) - practices for acquisition for property to implement 39(b) - use of community resources for human good & 29(c)

(ii) The 1st Constitutional amendment act added A-21(4) as well as 4th Schedule which allowed acquisition of j-held property for eminent domain

(iii) Art-31(C) - practices for acquisition for property to implement 39(b) - use of community resources for human good & 29(c)

(iv) 14th Constitutional amendment - Removed Right to Property as fundamental right & made it a legal right - A1300(A)

Compensation necessary in case of non-monetary educational institution

The recent SC judgment provides a balance between weight of individual as well as Mandatory provision also with in their power to rule illegal by Shaw Commission

Us new mark 1 50 yrs of internal emergency and must awaken to not revive emergency forces and use it only for protecting the sovereignty & integrity of India.

Article 352 of the Constitution provides for proclamation of National Emergency by the President of India.

Condition For Proclamation:

(i) War (ii) Internal Aggression (iii) Armed Rebellion

The (iii) was added by 44th Constitutional amendment and replaced the ambiguous criteria of "Internal Emergency"

Consequences of Proclamation:

(A) Legislative -

L (i) Life of parliament can be extended by 1 year at a time

L (ii) State legislation became subordinate to Central

(B) On Fundamental right:

L (i) Automatic suspension of Article-19 if decided on Internal grounds

L (ii) President can suspend A-32 through Presidential order for specified fundamental right

(AT) Next Considered a held illegal by Shaw Commission

Us new mark 1 50 yrs of internal emergency and must awaken to not revive emergency forces and use it only for protecting the sovereignty & integrity of India

Recently Parliamentary Standing Committee on Laws highlighted the importance of pre-legislative impact assessment using the "4 powers of Indian Citizenship".

Measures to Strengthen Public Consultation:

(i) Using & transcripts tools like NITI to seek suggestions and remedies in bills

(ii) Use of diverse pressure groups for public consultation process.

(iii) Formed Association created in for amending form law.

(iv) Parliamentary committees should be required to seek public consultation during committee investigation stage.

(v) Using online debate forums to float proposed bills.

(vi) Draft a law mandating public consultation for certain laws.

Issues with Public Consultation:

(i) Lack of 'ongoing expertise

(ii) May lead to inequality as many illiterate general public can be consulted

(iii) May had to delay in legislation

India can adopt measures such as in direct democracies like Switzerland, Finland to fully transform representative democracy to participative democracy.