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 was a part of Fundamental Right (Part III) in the original Constitution. Now it is scaled to a Constitutional right under Art. 300A Evolution - a story of balance (1) Newly independent India had delegates at agricultural reform while land reform Act, tenancy rights etc. (2) However, state attempt at land reforms with challenge of chandigarh proved case in Supreme Court (1st CAA with introduced Arts 31 & 31-B) (3) This led to 24th CAA whereby right to property was removed from Part III. Further government introduced compensation rights through law other government taken state labour law (2013 RAW). (4) In recent property Owners vs state of Maharashtra concluding that under Art 31b, all private property cannot be colored as public of national community reserved hence government community has over her years strived for balance to ensure inclusive and
Utkarsh Mishra
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Fundamental Rights
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analytical
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