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
Key Judicial Amendments:
Desai case (1947) - denied power key to amend fundamental rights
Kesavananda Bharat - Basic Structure doctrine allowed limited amendment
Dilubhai v. State of Gujarat - right to property not part of basic structure.
Property Owners Association v. State of Maharashtra (2024) - Supreme court held that Article 300A must be new arbitrary & proportionate strict down unauthorized) acquisition by district civic authorities
Despite legal reforms (including Forest Rights Act and LARR Act) [Challenges] remain -
•) Inadequate rehabilitation
•) forced displacement (including evictions as collective frustration for tribal family when action said to be against one individual).
The evolution depicts India's commitment to balance public welfare article during individual property rights.
Open original scan
Page 3
DISHA DHANKHAR
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Property rights evolution and judicial amendments
126
Total words
10
Paragraphs
1
Bullets
analytical
Tone