Why was 'right to property' removed from fundamental rights in india?
Answers
Reasons for the Amendment The sense that I get from the above is that the Parliament decided that, considering that the fundamental rights are to be treated as almost sacred [2] and any trifling with them is bound to create a furore, it would be easier to just demote the right to property from a fundamental right to a mere Constitutional right. This basically gives the legislature more of a leeway to pass laws that resrtict a person's right to property and ensuring that a person who is deprived of his property is entitled to fair compensation by the Government. The Effect of the Amendment As the right to property is no longer a fundamental right but only a legal right, a person does not have a right to file a writ in the Supreme Court under Article 32 for infringement of such right. He can either file a suit against the Government or file a writ under Article 226 to the High Court. This dilutes a person's remedies on deprivation of his right to property. Foot Notes: [1] Article 39(b) - (c) are as follows: