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Government Property Acquisition Laws UPSC NOTE

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  When can private properties be taken over by the government? The government can take over private property only for a public purpose, such...

 When can private properties be taken over by the government?

  • The government can take over private property only for a public purpose, such as national security, public welfare, or infrastructure development.

  • Adequate compensation must be provided to the property owner when the government acquires their property.

Why was the right to property taken out from the list of Fundamental Rights?

  • The right to property was removed from the Fundamental Rights in 1978 and made a constitutional right under Article 300A.

  • This change was made to allow the government more flexibility in acquiring land for public use without violating fundamental rights, as long as compensation was provided.

What does Article 39(b) of the Directive Principles of State Policy articulate?

  • Article 39(b) states that material resources of the community should be owned and controlled in a way that serves the common good.

  • It aims to ensure that resources benefit society and not just private individuals or groups.

Why was Justice V.R. Krishna Iyer’s interpretation of the same struck down?

  • Justice Iyer’s interpretation, which suggested that all privately-owned resources could be used by the state for the common good, was seen as a rigid economic ideology.

  • The Supreme Court rejected this view, arguing that India has shifted from a socialist model to a more market-oriented economy.

  • The court ruled that not every private resource qualifies as a ‘material resource of the community’; it must have inherent value to the community (e.g., natural resources like forests or minerals).

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Government Property Acquisition Laws UPSC NOTE
Government Property Acquisition Laws UPSC NOTE
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