The evolution of property rights in India reflects an intricate relationship that exists between individual rights and public welfare. Elucidate with the help of relevant constitutional provisions and case laws.
Main Body
Property rights were provided in Constitution Part II as Fundamental right under article 19 and 31. Evolution of rights => relationship between individual rights and public welfare A Public welfare for land reforms required shift from property rights of individual populati => 4th constitutional amendment => Article 31A => legal individual right B Evolution also maintained security of property & minority for communities land-welfare by Act 31A => compensation for property acquisition & minority distribution C Nullity of agriculturalists with land ownership <4ha and its limits => (Art. 31A) gives D Property rights for public welfare to held alone individual rights where large infrastructure projects (by Land constitution) so houses and shops cutting by taking property
E Doctrine of proportionality to decide the property rights based on individual or public welfare rights (by Negi Nataraja => right to shelter & property to poor so public welfare right) F Property rights have also been in conflict between Centre and State as land index state subject. Property rights have been evolving and based on actuation to situation, define relation between individual and public welfare guided by Justice and Rule of law.
Conclusion
Property rights have been evolving and based on actuation to situation, define relation between individual and public welfare guided by Justice and Rule of law.
25 words
Krupa A Jain
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Evolution of property rights
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