• UGI USER
  • May 17, 2024
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“SC UPHOLDS PROCEDURAL RIGHTS IN PROPERTY ACQUISITIONS BY STATE”

Why in the news?

  • The Supreme Court ruled that state acquisition of private property must follow proper procedures, emphasising constitutional and human rights.
  • The judgement clarified that compensation alone is insufficient; legal processes and procedural rights must be strictly observed.
Source:scribd

About Right to Property under the Constitution of India:

  • Initially recognized as a fundamental right under Article 19(1)(f) and Article 31.
  • 1st Amendment (1951): Amended Article 19(1)(f) and Article 31 to allow restrictions on the right to property.

44th Amendment (1978):

  • Abolished the fundamental right to property.
  • Omitted Article 19(1)(f) and Article 31, effective from 20th June 1979.
  • Introduced Article 300-A, recognizing the right to property as a legal right.
44th Constitutional Amendment Act, 1978:

  • Enacted to restore the Constitution of India (COI) to its pre-emergency state.
  • Right to Property: Removed as a fundamental right; now a legal right under Article 300A.
  • Article 74(1): Revised to allow the President to ask the Council of Ministers to reconsider their advice.
  • Lok Sabha and State Assemblies’ terms were restored to five years (Articles 83 and 172).
  • Article 352: Changed “internal disturbance” to “armed rebellion.”
  • Article 19 suspended only during war or external aggression; Articles 20 and 21 cannot be suspended during an emergency.