Polity & Governance2021
What is the position of the Right to Property in India?
Explanation
The Right to Property in India was initially enshrined as a fundamental right under Article 31 of the Constitution but was later shifted to the category of legal rights through the 44th Amendment Act of 1978, making it a constitutional right under Article 300A. This change reflects the state's authority to regulate property rights while ensuring that no person can be deprived of their property except by the authority of law and without compensation. Consequently, while it does not hold the inviolability of fundamental rights, the Right to Property remains a legal safeguard against arbitrary deprivation, highlighting the balance between individual rights and the public interest.
