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
Right to property, a Constitutional right enshrined in Article 300A of Part XIII of Indian Constitution, prioritizing individual liberty.Evolution of property rights in India is as follows: (1) Earlier property rights was fundamental right under Article 19 of Part III Constitution, prioritizing individual liberty. II Governments sought strive for redistribution justice (land reforms) they created thrust between Fundamental right to property and public welfare (3) Supreme court in AIL Kerala case prohibited parliament's supremacy, however petitions against FR were filed. (4) Parliament added 9th schedule to Constitution, to come laws from judicial review (5) Supreme court in Keshavananda Bharti case gave basic structure doctrine, further in Minerva Mills and copper case the deadline for judicial review capacity extended. (6) This property can be taken by state for public welfare, by procedure established by law (Article 1), while equitable compensation given back was accepted by courts are perdiantly. In this way property rights have evolved in India balancing protected rights while placing on public welfare.
166 words1 paragraphs
Conclusion
In this way property rights have evolved in India balancing protected rights while placing on public welfare.
17 words
Topper
PRAJAPATI JITENDRA
AIR 2872025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Property rights and public welfare balance
Writing Stats
183
Total words
1
Paragraphs
analytical
Tone