Constitutional Right to Property-A Revisit

Open Access

Year : 2023 | Volume : | : | Page : –
By

Bindu G.K.

  1. 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

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Open Access Article
Volume
Received June 24, 2020
Accepted October 11, 2021
Published January 11, 2023