Right to Property was removed from the list of Fundamental Rights. Since this Right created a lot of problems in the way of attaining the goal of socialism and equitable distribution of wealth, it was removed from the list of Fundamental Rights in 1978 by the 44th constitutional amendment. However, its deletion does not mean that we do not have the right to acquire, hold and dispose of the property. Citizens are still free to enjoy this right. But now it is just a legal right and not a Fundamental Right.
- In the Constitution, originally, there was a fundamental right to ‘acquire, possess and maintain’ property. But the Constitution made it clear that property could be taken away by the government for public welfare.
- Since 1950, the government made many laws that limited this right to property.
- This right was at the centre of the long debate over the relationship between rights and directive principles.
- Finally, in 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had the power to abridge this right by an amendment.
- In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right under article 300 A.
|
Further Reading:
Comments