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
Recently SC in Property Ownership Association PoA case 2024 laid down another milestone in evolution of Property Rights in India. Evolution of Property Rights: A Constitutional Seat 19(1)f, Act 31 as initially1st amendment25th amendment introduced44th schedule added B Case laws: 1) Kanakshaw Singh 1952 & laid dawn pricipals of compensation 2) Ramsath Reddy 1977 case: SC declared Private ensured as 'maternal ensurer of community' 2) KT Plantation case 2011: SC laid down principles of Just compensation, Public Purpose 3) Bajrang v/s State of MP 2021: SC emphasized on following due process law while acquiring Property Relationship of Individual rights and Public welfare: 1) 4 fold test in POA case 2024 to clarify private property as maternal ensurer of community need test (motive, leading impact, consequence of ensured, ensured) 2) New economic quality: post-LPG outcomes require balance.
142 words1 paragraphs
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Topper
MADHVENDRA PRATAP SINGH
AIR 1532025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Property rights and relationship with public welfare
Writing Stats
142
Total words
1
Paragraphs
analytical
Tone