Consider the following statements regarding Right to Property:
1. Right to property is legal right but not a Fundamental Right.
2. Article 300 A was inserted in the Constitution of India by the 44th Constitutional Amendment.
Which of the statements given above is/are correct?
Consider the following statements regarding Right to Property:
1. Right to property is legal right but not a Fundamental Right.
2. Article 300 A was inserted in the Constitution of India by the 44th Constitutional Amendment.
Which of the statements given above is/are correct?
The correct option is B Only 2
Article 301. deals with the Freedom of trade, commerce and intercourse Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free i.e. trade, commerce and intercourse throughout the territory of India shall be free.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a licence to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.666
This is a pretty fascinating topic and an interesting event in India's Constitutional history. As the Constitution was originally drafted, the right to property was enshrined as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A.
Only 2
Article 301. deals with the Freedom of trade, commerce and intercourse Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free i.e. trade, commerce and intercourse throughout the territory of India shall be free.
The Indian Constitution does not recognize property right as a fundamental right. In the year 1977, the 44th amendment eliminated the right to acquire, hold and dispose of property as a fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes. In other words, the amendment bestowed upon the Indian socialist state a licence to indulge in what Fredric Bastiat termed legal plunder. This is one of the classic examples when the law has been perverted in order to make plunder look just and sacred to many consciences.666
This is a pretty fascinating topic and an interesting event in India's Constitutional history. As the Constitution was originally drafted, the right to property was enshrined as a fundamental right. By the 44th Amendment to the Constitution, the right to property was removed as a fundamental right and instead, a new provision was added to the Constitution i.e. Article 300-A.
