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. (10 marks, 150 word)
Main Body
The right to property evolved from being a fundamental right under Art 19(1)(f) and Art 31 to being a legal right under Art 300A.
Right to property:
Art 31 - emphasis on individual rights
Redistributive justice, public welfare - Art 31 delineated:
44 Amendment Act 1978
Balance between individual right and public welfare:
First Amendment Act IAS:
Use of Ninth Schedule to promote socialistic welfare for tenancy reforms land selling acts
25th Amendment Act
Finally, 44 Amendment Act declared right to property as fundamental right (now legal right under Art 300A)
Striking a balance:
Conclusion
Property rights in India aim to strike a balance between socialism and liberalism.
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Page 3
DIVYA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Evolution of property rights and balance between individual rights and public welfare
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analytical
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