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Right to property UPSC NOTE

 Why in news

  • The Supreme Court took a significant step to protect private property from arbitrary state takeover for a “public purpose”, holding that compulsory acquisition without following mandatory procedures followed by a grant of compensation to the owners will not make the accession constitutional.

  • The right to property is protected as a constitutional right and has even been interpreted to be a human right

  • The judgment noted that though the 44th Constitutional Amendment omitted the right to property as a fundamental right, Article 300A, which was simultaneously inserted into the Constitution, provided that “no person shall be deprived of his property, save by authority of law”

  • A person’s rights, even the history of liberty, have been safeguarded through the prescription and observance of mandatory procedures and processes of law

  • Procedure is an integral part of the “authority of law” in Article 300A. 

  • The phrase “authority of law” in the Article should not be understood as merely the power of eminent domain vested in the state.

  • The requirement of a ‘law’ in Article 300A does not end with the mere presence of legislation which empowers the state to deprive a person of his property, SC clarified.


Article 300A in Constitution of India

  • Persons not to be deprived of property save by authority of law

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Right to property UPSC NOTE
Right to property UPSC NOTE
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Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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