Question Q.2GS2GS2

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.

Main Body

Play 'Property Right' forms the foundation pillar of a liberal scheme (vag as pen Lockean state of social contract)

Intricate relationship between individual rights and public welfare.

1Reasonable restriction on property qua equity → Article 39 b and c → limiting inequality → concentration of wealth → distributive justice

2Property Right → forms fundamental right (Right (3d of constitution) to Article 300 Rt (by 4th amendment 1974)

3Recent Supreme Court judgment in Indusay property Association case(2016)

overturned the previous judgment supply = 'property is not always public'. Thus no unlimited state takage, public. Public property doctrinegiven by supreme courta as private property - only public owned through reasonable grand.

5Land reforms (4th Schedule) → by 4th amendment → ensuring the social justice.

6Kesavanda Bharati case → challenges the Land reforms of Kerala → court upheld the government position but with basic structure doctrine.

Thus, property evolved from a fundamental right to a constitutional right (cfr 19 cc), 31 reflecting the nuanced relation of personal and public welfare.

National emergency of 1975 saw a 'fifteenth anniversary' in 2025. The dead letter of the constitution even used in that emergency by Killy the spirit of constitution through it, (letter)

Last imposedin 1975 - on internal disturbance condition

Previous important: (1962 - war (China), 1971 - war (Pakisitan))

Conditions of Proclamation:

1→ Article 352: gives the reasons

2War, external aggression, armed internal rebellion

the internal disturbance - removed.

4It should be ratified by the house (baja both Loksbkha and Rajyaskha) with 2/3 majority of the present and very alloy with (507d) at the total membership (special majority).

5Remain is three for o need renewal.

Consequences:

1Article 19 - got suspended if emergency is on war and external aggression (Article 359)

2Parliament power to legislate on state list

3per President can remove the enforcement of all Fundamental Rights except Article 20 and 21 (Article 359)

Thus, Emergency is a necessary evil to protect the security of the state.

Pre-legislative consultation refers to the practice of consultly the public before the legislative process get started. Indian model is body binding Pre-legislative framework.

This cause:

1Low citizen participation in the law making propone law making proposal towards the government

2AANL/y towards the government

3Increased litigation potential after the passage of the bill (eg: farmers act repealed)

4Against the good governance principle

5Digital based platforring - alternates those who has no access

6Redvicy the quality of the demo cratic culture

Measures to be taken:

1mandatory prelegis[lative] Consultation (Law commission rights)

2Form prelegis lative committees for monitoring

3ensure the decentralised law support system using local governments.

4Integrated legislative models using inclusive tech platforms

5Parliamentary oversight over the complying prelagislative models

6Better model exchange as in UK model of prelegislative constitution

7Public awarness on the consultation mechanism.

Thus, the deliberative and participatory democracy cam only be achieved through public consulting.

503 words18 paragraphs

Conclusion

Thus, property evolved from a fundamental right to a constitutional right (cfr 19 cc), 31 reflecting the nuanced relation of personal and public welfare. Thus, Emergency is a necessary evil to protect the security of the state. Thus, the deliberative and participatory democracy cam only be achieved through public consulting.

50 words

Uses relevant constitutional provisions
Cites Supreme Court judgments
Discusses evolution of property rights
Mentions ratification procedure
Lists consequences with specific articles
Discusses duration
Identifies gaps in current system
Proposes comprehensive measures
References international models

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Page 3

Topper

MOHAMMED ASHMIL SHAH

AIR 3822025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Property rights and public welfare

Writing Stats

553

Total words

Paragraphs

analytical

Tone