Political Science, asked by XcapeKabir, 1 year ago

Why is right to property not a fundamental right anymore?

Answers

Answered by Anonymous
1

Right to property is not a fundamental right anymore post - 1976 (42nd Amendment to the Constitution). It is just a constitutional right under article 300A (earlier it was 19(i)(f) - hence on a lower pedestal than the fundamental rights. Being a FR Earlier it could be curtailed only via reasonable restrictions. Now it can be defeated on much larger grounds. Right to property is never a fundamental right in socialist constitutions which envisage the value of equitable distribution of wealth. However due to dominance of the rich class in the constituent assembly it was included in the list of FRs. However soon after the constitution came into force - right to property turned out to be a obstacle in achieving the socialist principles given in Directive Principles, and out of this tussle came out the doctrine of basic structure.

Coming back to right to property it being only a legal right - can be curtailed on a large number of grounds land acquisition etc being one of many.  


Anonymous: tysm for marking :):)
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