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
The recent supreme court verdict under Property Owner's Association POA case in 2024 held that not all private property is the material issuance of community. Thus, property rights in India is about a balance between individual rights and public welfare. As a right: i) Previously "Right to Property" was fundamental right under article 19 and 31Now a legal right under article 360 A. As a socio-economic policy: i) Article 39b aims to redistribute material resource of community for serving benefits to society.Article 39c aims to check the growth and accumulation of wealth against public welfare.
The 44th constitutional amendment removed property right from fundamental rights (Part III) to ensure that government can acquire land for public projects.The article 31A aims to promote suitable compensation when government acquires land of certain category.Article 31B promotes keeping certain laws (majority land reform) act to ensure effective implementation without judicial review. (Schedule 9) The Supreme Court in I.R. Coelho case held that laws under schedule 9 after 24th April 1973 (date of Keshavnanda Bharati) are liable to judicial review.
184 words1 paragraphs
Conclusion
The Supreme Court in I.R. Coelho case held that laws under schedule 9 after 24th April 1973 (date of Keshavnanda Bharati) are liable to judicial review.
26 words
Diagram
Two-column comparison table showing 'As a right' vs 'As a socio-economic policy' with constitutional articles and their provisions
Topper
UJJWAL PRIYANK
AIR 102025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Property rights and balance between individual rights and public welfare
Writing Stats
210
Total words
1
Paragraphs
analytical with case law references
Tone