Open Access

Year : 2023 | Volume : | : | Page : –

Bindu G.K.

Assistant Professor Government Law College Thiruvananthapuram, Kerala India

Abstract

The most controversial provision perhaps among all the provisions of the Constitution has been the right to property. It was so even when it was being framed by the frames of the Constitution and it has been so after its coming into operation. The Constitution 44th Amendment Act, 1978 has eliminated Article 31 of the Constitution. Thus right to property is no more a fundamental right which was previously guaranteed under part III of the Constitution. But the right to property has been inserted as Article 300A under part XII of the Constitution. Prima Facie, it is the State which would be the judge to decide whether a purpose is a public purpose, although this is subject to judicial review. Public interest has always been considered to be an essential ingredient of public purpose. But every public purpose does not fall under Article 300A.

Keywords: Acquisition, constitutional validity, property, public interest, zamindari abolition

How to cite this article: Bindu G.K.. Constitutional Right to Property-A Revisit. National Journal of Real Estate Law. 2023; ():-.

How to cite this URL: Bindu G.K.. Constitutional Right to Property-A Revisit. National Journal of Real Estate Law. 2023; ():-. Available from: https://journals.stmjournals.com/njrel/article=2023/view=91214

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References

1. AIR 1960 SC 1080, 1086.
2. AIR 1968 SC 394.
3. AIR 1965 SC 1017.
4. AIR 1989 SC 1485.
5. Keshavanada v. State of Kerala AIR 1973 SC 1461
6. AIR 1 972 SC 2240, 2249.
7. AIR 1972 SC 2097
8. AIR 1981 SC 234.
9. AIR 1981 SC 271,289 (per Chandrachud CJ.)
10. AIR 1987 SC 1518
11. (1989) 3 SCC 282
12. AIR 1973 SC 1461
13. AIR 1984 SC 326.
14. (1996) 5 SCC 542.
15. AIR 1990 SC 153.
16. AIR 1995 SC 142
17. AIR 1983 SC 803
18. AIR 2013 SC 565.
19. AIR 2011 SC 3430
20. (1981) 1 SCC 166
21. (1982) 1 SCC 39, 66: AIR 1982 SC 33.
22. (1978) I SCC 248: AIR 1978 SC 597.
23. (1978) I SCC 248: AIR 1978 SC 597.

Open Access Article

National Journal of Real Estate Law

ISSN: 2581-9682

Volume

Received	June 24, 2020
Accepted	October 11, 2021
Published	January 11, 2023

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