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
Constitutionally India started with right to property (Article 21) as a fundamental right. However socialist ideals of land reform and wealth redistribution (Article 39 b,c) diluted right to property for public welfare. 42nd amendment even gave primacy of DPSP in Article 39 b, c over right to property. This judgment diluting sanctity of fundamental rights was sifted by 44th amendment removing it from part III as placing it Article 300-A
During 1978, a landmark case on interpretation of private property as material resources of community, Justice V.R. Krishna Iyer laid that all private property can be classified as community resource. Transitioning from socialist ideals in neo-liberal post-Washington ius owing right to property was strengthened. In the sweatly Indravadan cooperative housing case, Ex C31, DV Chandrachud released earlier judgment of 1970 and held that not all private patent property can be community resource.
Ishteyaque Rahman
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Property Rights
142
Total words
1
Paragraphs
analytical
Tone