Why Property Rights Have Been Removed?
Property rights were dropped from the list of fundamental rights. The 44th Constitutional Amendment eliminated this right from the “Fundamental Rights” list in 1978 because it presented numerous challenges in achieving the goal of socialism and equitable economic distribution. This right is still available to citizens, but only as a legal right, not fundamental.
- Originally, there was a basic right to ‘acquire, possess, and keep’ property in the Constitution. However, the Constitution made it plain that the government might seize property for the public good.
- The government has passed numerous laws restricting this right to property since 1950.
- The protracted discussion about the link between rights and directive principles was centred on this right.
- Finally, in 1973, the Supreme Court ruled that because the property right was not part of the Constitution’s basic structure, parliament had the power to limit it through amendment.
- The 44th Amendment to the Constitution, enacted in 1978, removed the right to property from the list of Fundamental Rights and replaced it with legal right under article 300 A.
- In “Jilubhai Nanbhai Khachar v. the State of Gujarat, it was held that the Right to property article 300-A is not a basic structure of the Constitution. It is only a constitutional right.”
Why Was Right to Property Removed From Fundamental Rights?
Every day, some legal reform or other occurs. Certain rights have been provided to us, along with responsibilities. Fundamental rights are granted to people in the Constitution to safeguard them. However, the Right to Property was changed into a legal right (from a fundamental right) after an amendment.