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
Recent judgement in supreme court has reduced state's power to exercise eminent domain is possess private property
Evolution of property rights
i) Constitutionally guaranteed in Independence: L Art 19, Art 31.
ii) But questioned in Keshvananda Bharti case, 1973 -> supreme court ruled in favour of state's power to acquire public property for public good -
iii) 44th CAI -> made right to property a constitutional right available to all L Added Art 300A, abolish AYA3 .
iv) Kim forced in later cases
(c) Sanjay Coker manufacturing case - accepted the doctrine of eminent domain -
but changed now :
(c) state and private sector both are equal parts of India's progress new .
ii) Hence supreme court gave a 4-fold test in Association of Property Owners case - 2024 :
iii) The 4-fold criteria include the necessity of acquisition, the adverse impact of private ownership etc .
Hence, the balance has been maintained between individual rights and public welfare by the judiciary .
Conclusion
Hence, the balance has been maintained between individual rights and public welfare by the judiciary.
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Harshdeep Sagar
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Evolution of property rights
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