Question

Article 300A protects

• A. private property against executive action but not against legislative action
• B. private property against legislative action but not against executive action
• C. private property from both executive and legislative action
• D. none of the above.

Answer 1

Answer:

A. private property against executive action but not against legislative action

Right to Property

• The right to property was initially included as a fundamental right in the Indian Constitution, recognizing it as a fundamental right to acquire, hold, and dispose of property.
• Article 19(1)(f) guaranteed the right to acquire, hold, and dispose of property, while Article 31 provided for the compensation of property acquired by the state.
• The 44th Amendment Act, passed in 1978, removed the Right to Property from the list of fundamental rights entirely.
• It was reclassified as a legal right under Article 300A.
• It shields private property from executive action but not from legislative action.
• In the event of a violation, the aggrieved party cannot directly petition the Supreme Court for its enforcement under Article 32 (right to constitutional remedies, including writs).
• Still he has the right to file a petition with the High Court under Article 226.
• There is no guaranteed right to compensation in the event that the state acquires or requisites private property.
• It states that no one's property may be taken from him unless he has legal authority to do so.
• In 2020, the Supreme Court of India has stated that, even though property rights are not part of a citizen's fundamental right, it should be considers as one of the human rights promised by the Constitution.
• The Supreme Court also ruled that the states cannot acquire individual land unless there is a clear legal framework.