Right to Property

by

&<–2/”>a >nbsp;

Fundamental Rights are the basic rights of the people and the charter of rights contained in Part III of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as Equality before law, freedom of speech and expression, religious and cultural freedom and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Though the Constitution of India guarantees all these Fundamental rights for the citizen, yet there are some limitation and exceptions of these rights also. A citizen can not enjoy Fundamental Rights absolutely or at will.

Reasonable’ means that which is in accordance with reason, and which is associated with logic and not arbitrariness. It implies intelligent care and deliberation that which reason dictates. The expression “reasonable restriction” signifies that the limitation imposed on a person in the enjoyment of the right should not be arbitrary or of an excessive nature beyond what is required in the interest of the public.

Within some Constitutional limitation citizen can enjoy their Rights. The Constitution of India imposes some reasonable restrictions upon enjoyment of these Rights so, that public order, morality and Health remain intact . The Constitution always aims at restoration of collective interest along with individual interest .For example, right to religion is subject to restrictions imposed by the state in the interest of public order, morality and health so, that the freedom of religion may not be abused to committee crimes or anti-social activities . Similarly Rights guaranteed by ARTICLE-19 does not mean absolute Liberty . Absolute individual rights can not be guaranteed by any modern state . There fore our Constitution also empowered the state to impose reasonable restrictions as may be necessary in the larger interest of the community . our Constitution always attempts “ to strike a balance between individual liberty and social control .” and to establish a welfare state where collective interest got prominence over individual interest .Freedom of speech and expression (Art.19-1-A) is also subject to reasonable restrictions imposed by the state relating to defamation, Contempt of Court, decency or morality, security of the state, friendly relations with foreign states , incitement to an offence, public order, maintenance of the Sovereignty and Integrity of India . Freedom of Assembly (Art.19-1-B) is also subject to reasonable restrictions imposed by the state that the assembly must be peaceful and without arms in the interest of public order. Freedom of Press which is included in the wider freedom of expression is also subject to reasonable limitations and the state can impose restriction upon freedom of press in the larger interest of the state or for the prevention of contempt of court, defamation or incitement to an offence.

Right to Property

Property, as a legal and social institution, has different forms in different cultures and legal systems. However, only a definition of Constitutional property is common in all democratic countries. Since state exercises eminent domain power against private property, it is pertinent to discuss the concept of private property in brief. The institution of private property has been a controversial issue with conflicting views, one completely denying the right to own private property and the other supports the holding of the private property. However, the right to property is a natural and inherent right of an individual.

After independence, no Fundamental right has caused so much trouble and has given so much of litigation between the government and citizens as the property right. The reason is that the central and state governments have enacted massive hysteron of laws to regulate property rights. First, the government undertook to reconstruct the agrarian economy, interalia, by trying to confer right to property on tillers, abolition of zamindaris, giving security of tenure to tenants, fixing a ceiling limit on personal holding of agricultural land and redistributing the surplus land among the landless. Secondly, in the area of urban property, measures have been taken to provide housing to the people, clearance of slums and planning, control rents, acquire property and impose a ceiling on urban land ownership etc., Thirdly, government has undertaken to regulate private enterprises and nationalization of some commercial undertakings. These various legislative measures have been undertaken to effectuate accepted goal of establishing a socialistic pattern of Society. Hence Articles 31 and 19(1)(f)  were repealed. Historical evolution and demise of repealed Articles 31 and 19(1)(f) are still relevant for the understanding of constitutional developments of property right. Since the commencement of the Constitution fundamental right conferred by Article 31 and Article 19(1)(f) has been modified by six times by the constitutional amendments. The first amendment added two explanatory Articles 31-A & 31-B to the Constitution; the fourth amendment amended clause (2) of Article 31, added clause (2A) to the same Article, inserted new provisions in Article 31-A and enlarged the ninth schedule; the seventeenth amendment further elaborated the definition of ‘estate’ in clause (2) of Article 31-A; and the twenty fifth amendment amended Article 31(2), added clause (2-B) and added a new Article 31-C. In the forty second amendment Article 31-C was substituted by the words “ the principles specified in clause (b) or clause (c) of the Article 39” for the words “all or any of the principles laid down in part IV of the Constitution”.

finally forty fourth amendment repealed the entire Article 31 and Article 19(1)(f) & inserted Article 300A.

Ninth Schedule – A Protective Umbrella

Article 31-B, does not by itself give any fundamental right. The Acts and regulations placed under ninth schedule shall not be deemed to be void or ever to have become void on the ground of its inconsistency with any fundamental right. In Kameshwar Singh 80 case, The Supreme Court said that no Act brought under the ninth schedule could be invalidated on the ground of violation of any fundamental rights.

With the introduction of the above amendment, it became very easy for the Government to acquire property and to carryout different agrarian reforms. Firstly the acquisition laws under the fear of being challenged were inserted in the ninth schedule by the constitutional amendments and thereby the concerned laws were made immune from challenge against any of the fundamental rights guaranteed under part III of the Constitution.

So for now right to property in india is a statutory right under the article 300A of Indian constitution.

 ,

The right to property is a fundamental human right that is recognized in international law. It is the right to own and control property, and to enjoy the benefits of that property. The right to property is essential for individual freedom and Economic Development.

The right to property has a long history. It was first recognized in the Magna Carta, which was issued in 1215 by King John of England. The Magna Carta guaranteed the right of English subjects to own and control their property. The right to property was also recognized in the American Declaration of Independence, which was adopted in 1776. The Declaration of Independence states that “all men are created equal” and that they have “certain unalienable rights,” including “life, liberty and the pursuit of happiness.” The right to property is essential for the pursuit of happiness.

The right to property is also recognized in international law. The Universal Declaration of Human Rights, which was adopted in 1948, states that “everyone has the right to own property alone as well as in association with others.” The International Covenant on Economic, Social and Cultural Rights, which was adopted in 1966, also recognizes the right to property.

The right to property has a broad scope. It includes the right to own and control property, the right to enjoy the benefits of property, and the right to transfer property. The right to property also includes the right to inherit property.

The content of the right to property varies from country to country. In some countries, the right to property is absolute. In other countries, the right to property is subject to certain limitations. For example, the government may be able to take private property for public use, but it must provide just compensation for the property that is taken.

The right to property is enforced through a variety of means. In some countries, the right to property is enforced through the courts. In other countries, the right to property is enforced through administrative agencies. The right to property is also enforced through international law. For example, the International Covenant on Economic, Social and Cultural Rights provides that states parties shall “ensure to all individuals within their territory effective protection of the right to property.”

There are a number of remedies that are available to individuals who have their right to property violated. In some cases, individuals may be able to sue the government for damages. In other cases, individuals may be able to seek an injunction to prevent the government from taking their property. In some cases, individuals may be able to seek political asylum in another country.

The right to property has been criticized by some scholars. Some scholars argue that the right to property is not a fundamental human right. They argue that the right to property is a privilege that can be granted or taken away by the government. Other scholars argue that the right to property is not absolute. They argue that the government may be able to take private property for public use, but it must provide just compensation for the property that is taken.

Despite these criticisms, the right to property remains a fundamental human right. The right to property is essential for individual freedom and economic development.

Here are some frequently asked questions and short answers about the topic of “Right to Property”:

  1. What is the right to property?
    The right to property is the right to own and control property. It is a fundamental human right that is recognized in international law.

  2. Why is the right to property important?
    The right to property is important because it allows people to have a stake in society and to improve their lives. It also helps to promote economic development.

  3. What are some of the challenges to the right to property?
    Some of the challenges to the right to property include:

  4. Arbitrary or discriminatory deprivation of property

  5. Excessive Taxation
  6. Expropriation without adequate compensation

  7. Corruption

  8. What are some of the ways to protect the right to property?
    Some of the ways to protect the right to property include:

  9. Enacting laws that protect property rights

  10. Establishing independent courts to adjudicate property disputes
  11. Promoting awareness of property rights

  12. Providing legal assistance to those who need it

  13. What are some of the examples of the right to property being violated?
    Some of the examples of the right to property being violated include:

  14. The forced eviction of people from their homes

  15. The confiscation of property without compensation

  16. The destruction of property during war or conflict

  17. What can be done to address the challenges to the right to property?
    Some of the things that can be done to address the challenges to the right to property include:

  18. Raising awareness of the right to property

  19. Strengthening legal protections for property rights
  20. Promoting Good Governance and the Rule of Law

  21. Providing legal assistance to those who need it

  22. What is the future of the right to property?
    The future of the right to property is uncertain. There are a number of challenges that need to be addressed, such as the increasing concentration of wealth and the growing gap between the rich and the poor. However, there are also a number of positive developments, such as the increasing recognition of the right to property in international law.

Sure, here are some MCQs on the following topics:

  • Right to Education

  • The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) was enacted to provide free and compulsory education to all children in the age group of 6-14 years.

  • The RTE Act guarantees admission in a neighborhood school, free of cost, to all children.
  • The RTE Act also provides for special provisions for children with disabilities.
  • The RTE Act has been implemented in all states and union territories of India.

  • The RTE Act has been successful in increasing the enrollment of children in schools and reducing the dropout rate.

  • Right to Health

  • The right to health is a fundamental human right that includes the right to access healthcare Services, medicines, and other essential health-related goods and services.

  • The right to health is enshrined in a number of international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC).
  • India has ratified both of these treaties and is therefore legally bound to respect, protect, and fulfill the right to health for all its citizens.
  • The Indian government has taken a number of steps to promote and protect the right to health, including the enactment of the National Rural Health Mission (NRHM) and the National Urban Health Mission (NUHM).

  • However, there are still a number of challenges to the realization of the right to health in India, including inadequate funding for healthcare, poor Infrastructure-2/”>INFRASTRUCTURE, and lack of access to essential medicines.

  • Right to Food

  • The right to food is a human right that entitles everyone to have access to safe, nutritious, and sufficient food.

  • The right to food is enshrined in a number of international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC).
  • India has ratified both of these treaties and is therefore legally bound to respect, protect, and fulfill the right to food for all its citizens.
  • The Indian government has taken a number of steps to promote and protect the right to food, including the enactment of the National Food Security Act (NFSA).

  • However, there are still a number of challenges to the realization of the right to food in India, including POVERTY, hunger, and Malnutrition.

  • Right to Work

  • The right to work is a human right that entitles everyone to have the opportunity to earn a living through freely chosen or accepted work.

  • The right to work is enshrined in a number of international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC).
  • India has ratified both of these treaties and is therefore legally bound to respect, protect, and fulfill the right to work for all its citizens.
  • The Indian government has taken a number of steps to promote and protect the right to work, including the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

  • However, there are still a number of challenges to the realization of the right to work in India, including Unemployment, underemployment, and informality in the labor market.

  • Right to Housing

  • The right to housing is a human right that entitles everyone to have access to adequate, safe, and affordable housing.

  • The right to housing is enshrined in a number of international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC).
  • India has ratified both of these treaties and is therefore legally bound to respect, protect, and fulfill the right to housing for all its citizens.
  • The Indian government has taken a number of steps to promote and protect the right to housing, including the enactment of the National Housing Policy, 2007.
  • However, there are still a number of challenges to the realization of the right to Housing in India, including poverty, homelessness, and inadequate access to basic services.