Question

Which of the following statements relating to Right to Property in the Constitution of India is NOT correct today?

1. Right to Property is a Constitutional Right
2. It is not a part of the basic structure of the Constitution
3. It protects private property against executive action but not against legislative action
4. In case of violation, the aggrieved person cannot move the High Court under Article 226.

• A. iv only
• B. ii only
• C. All
• D. ii, iv

Answer 1

Answer:

A. iv only

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.