The Supreme Court of India has recently reaffirmed the importance of property rights, clarifying its status as a constitutional right, even though it's no longer a fundamental right.
Here's a simple explanation:
What is the main point? The Supreme Court has reiterated that while the right to property is not a fundamental right, it is still protected under the Constitution as a legal right.
What was the original status of the right to property? It was originally a fundamental right, meaning it had a very high level of protection.
What changed? The 44th Amendment in 1978 removed it from the list of fundamental rights.
What is Article 300A? This article of the Constitution states that no one can be deprived of their property except by authority of law. This means the government can only take someone's property if they follow the correct legal procedures.
What was the case that led to this ruling? It involved delayed compensation for land acquired for the Bengaluru-Mysuru Infrastructure Corridor Project.
What did the Supreme Court say?
The government must follow proper legal procedures when acquiring property.
Fair compensation must be provided to the owners.
Delays in providing compensation are unacceptable.
Property rights are connected to other human rights, like the right to health, livelihood, and shelter.
What is "eminent domain"? This is the power of the government to take private property for public use, but they must provide fair compensation.
What are some important legal cases related to property rights?
A K Gopalan v. State of Madras (1950): Upheld the state's power to seize property for public order.
Kesavananda Bharati v. State of Kerala (1973): Established the "basic structure doctrine," which indirectly influenced how property rights are viewed.
Jilubhai Nanbhai Khachar v. State of Gujarat (1995): Confirmed that the right to property is not part of the Constitution's basic structure.
What is the "basic structure doctrine"? This principle limits the power of the Parliament to amend the Constitution. Certain basic features of the Constitution cannot be changed.
What is Article 142? This article gives the Supreme Court special powers to ensure "complete justice" in any case. In this case, they used it to adjust the land valuation date to ensure fair compensation.
In simple terms: Even though the right to property isn't a fundamental right anymore, the Supreme Court has made it clear that it's still protected by the Constitution. The government can't just take someone's property without following the law and giving them fair compensation. This ruling emphasizes the importance of protecting individual property rights while also allowing for development projects.