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Right to Property

Posted on : 20 Feb 2020

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  • The Constitution of India originally recognized the ‘Right to Property’ as a fundamental right under Article 31.
  • However, this right was ceased to be a fundamental right with the 44th Constitution Amendment in 1978.
  • Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property.
  • Article 300-A of the Constitution of India reads as under:
    • “Persons not to be deprived of property save by authority of law. No person shall be deprived of his property save by authority of law.”
  • Thus, right to property is a constitutional right as well as human right.
  • Though right to property is no longer a fundamental right and constitutional protection continues in as much as without authority of law, a person cannot be deprived of his property.
  • The state cannot take possession of a citizen’s land without following due procedure and authority of law.
  • A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens.
  • Grabbing private land and then claiming it as its own makes the state an encroacher.

Article Related Questions

  1. Regarding ‘Right to Property’, consider the following statements
    1.It is a fundamental right under Article 31 of the Constitution of India.
    2.The state cannot take possession of a citizen’s property without following due procedure and authority of law.
    Which of the above statement(s) is/are correct?

  2. 1.1 only

    2.2 only

    3.Both 1 and 2

    4.Neither 1 nor 2

    Right Ans : 2 only

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