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

Jean Locke envisioned Right to property as a Natural right insatiable by State. However, in Indian context, Balance of individual right and public welfare places Property rights as a complex character.

Constitution Fundamentals- 1st Constitutional Amendment- Constitutional Amendment Act

1st ConstitutionalConstitutional Amendment Judgment Act

Removed as Fundamental right yet retained as 31(e) right

Remained as Gelation fundamentals- 5th Constitutional judgment supremacy of supremacy as suggested by DPs & [ICMR].

Evolution of Property-

1Right to property needed for introduction

of law reforms through 1st Constitutional Amendment. (B) Upheld by Chukhani-Prakash

2Denter tried to enact more power through 9th Constitutional amendment, but equal in Jn Doctrine case.

344th Constitutional amendment ensured Article 31(f) and 31(e) but retained 31(e) and 31(2) for agriculture conservation.

4Upheld in Kathiyundata Bharati case

(A) Upheld Constitutional rights under Article 31(f) providing opportunity to claim compensation.

(B) Maintains social welfare ≠ land reform with individual rights ≠ premise rights.

Three Rights to Property-

1. Stand at harmonious declare of Rights and welfare declaration.

173 words9 paragraphs

Conclusion

Stand at harmonious declare of Rights and welfare declaration.

9 words

Examiner score

0.4/10

Open original scan

Page 3

Topper

DEV DUDEJA

AIR 1522025

Subject & Paper

GS2GS2

Topic

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

Fundamental Rights

Right to Property and Balance with Public Welfare

Writing Stats

182

Total words

Paragraphs