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.
Introduction
Property rights, inalienably fundamental right, under Art-19(1-F), is now just a constitutional right under Art 300-A (by 44th Amendment) by 1978
21 words
Main Body
Property rights, inalienably fundamental right, under Art-19(1-F), is now just a constitutional right under Art 300-A (by 44th Amendment) by 1978 Evolution of Property rights (1) Shankari Prasad - Parliament amended constitution (Upheld 1st amendment) (2) Sajit - 4th & 9th Amendment - 3th schedule to protect from juds and issueSC powers to declare a laws null & void -declared (3) IC Goleknath 1967 - Can Parliament amend FR, they are sacrosanct (4) 24th & 25th Amendment - gave parliament powers to acquire property without any compensation to owner. (5) K. Bharathi - uplted the amendment with cost 1973
some modifications,Introduced Basic structure doctrine - Parliament can amend but not the essence 42nd Amendment -1976 - abolished power to Parliament. made judiciary subordinate to Parliament 44th Amendment - govt charged - Abolished right to property as FR - shifted to Art-30-A. Miravaun Mills case (1980) - Doctrine of Harmonious reconstruction - FR I Dery shall be balanced 9) Recent development (1) Right to Fair compensation Act 2013 - 2X urban & 4X Rural - compensation - ibr PPP - 10y to 80y. unmeticulous compensation
188 words1 paragraphs
Conclusion
Thus, right to property has evolved over the years. Recently, it was seen as I key govt concr take away under adverse possession
23 words
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Topper
Rahul J Patil
AIR 2242025
Subject & Paper
GS2GS2
Topic
Fundamental Rights
Property Rights
Evolution of property rights and balance with public welfare
Writing Stats
232
Total words
1
Paragraphs
analytical
Tone