The Right to Property is considered both a legal and constitutional right. It was first included as a fundamental right in 1950. Later, after the Emergency Era, it became a legal right in 1978.
The Right to Property Act has undergone many revisions since its amendment in 1950. Still, the Act is a fair way to establish and restore the rights of Indian landowners. It applies regardless of their race, caste, religion, gender, and other traits.
The 44th Amendment changed the right to property in the Indian Constitution. Study its details. Then, use your right to property as a privileged citizen of the state.
Is the Right to property Legal or a Constitutional Right?
We must see if the right to property is legal. To do this, we must first understand the difference between these rights.
Constitutional rights are empowered by the Constitution. Legal rights are empowered by an Act or statute passed by the legislature.
The Indian legislature passed the Transfer of Property Act in 1882. It proposes the Right of Property as a legal right. Article 300A was added to the Indian Constitution in 1978. It reveals the Right of Property as a constitutional right.
So, the right to property can be called both a legal right and a constitutional right.
Article 300A and the Right to Property
Before 1978, the Right to Property was one of the fundamental rights of the Indian people. After 1978, it became a legal right. This happened through Article 300A of the 44th Amendment to the Indian Constitution.
Article 300A is significant. It gives citizens’ rights to property. It ensures that no one, including the government, can take property by force for no reason. They can only do so if a law allows it.
Article 300A states the exact words. They are: “No one shall be deprived of his property. This can only be done by authority of law.”
What Does the Right to Property Include?
The procedural sub-rights under the Right to Property include.
- Right to Notice: The property’s owner must be notified before the property is acquired.
- Right to be Heard: The affected party can voice their queries and objections, if any.
- Right to a Reasoned Decision: The government must substantiate the property acquisition. They must do so through a reasoned decision.
- Public Purpose Justification: The property must be acquired for a public use. And the need for the acquisition must be shown to the owners.
- Right of Restitution or Fair Compensation: The owners must be fairly compensated. Or, they can be restituted through other fair means they agree to.
- Right to an Efficient and Expeditious Process: The acquisition process must be efficient and expedited within the set deadline.
- Right of Conclusion: The acquisition process must be concluded through the physical transfer of the property. If the physical transfer fails, the acquisition is incomplete.
If any of these sub-rights is absent, you can challenge the legality of the act under Article 300A in a High Court.
Conclusion
Constitutional or legal, the Right to Property is a huge privilege granted to all the sons and daughters of the soil.
Knowing the rights endorsed by the Right to Property can help you avoid deceiving schemes and abusive exploitation.
You can contact any legal body if your right to a property is about to be transferred. You can also look into the available restitution and compensation methods.
FAQs
What are the different types of property rights?
There are different types of property rights. They include private, common, and public property rights.
Can I deny transferring my property to the government?
You can deny giving the property to the government. This is if any of the sub-rights of Article 300A are not met. You can seek restitution in case you cannot challenge the legality of the property transfer.
Does Article 300A guarantee compensation for property acquisition by the government?
Yes, Article 300A guarantees compensation for property acquisition by the government. The compensation will follow the LARR Act of 2013.