PRIVATE
PROPERTY: POLITY
NEWS: Not
all private properties can be used by State for the community: Supreme Court
holds in majority decision
WHAT’S
IN THE NEWS?
The Supreme Court stated that the state cannot acquire
private property solely by claiming it as “material resources of the community”
for the “common good,” marking limits on state power over private property.
Supreme
Court Ruling on Private Property Rights
- Landmark Judgment: The Supreme
Court ruled that the state cannot claim private property as “material
resources of the community” solely for “common good,” limiting state power
over private property rights.
- Shift in Economic Policy: The
judgment recognizes India's shift from socialism to a balanced economy
that includes both public and private investments.
Material
Resources and the Community
- Definition: "Material resources of
the community" include all national wealth (both public and private
resources) intended for the common good.
- Directive Principles: Article
39(b) mandates state policies to ensure material resources serve the
common good, while Article 39(c) seeks to prevent wealth concentration to
the detriment of society.
Right
to Property in India
- Constitutional Change: The 44th
Amendment Act (1978) removed the Right to Property as a fundamental right,
making it a constitutional right under Article 300A.
- Current Status: Article
300A requires lawful authority for property deprivation and demands
compensation when the state acquires property for public purposes.
Doctrine
of Eminent Domain
- Definition: The state’s sovereign power
to acquire private property for public use, provided just compensation is
paid.
- Legal Basis: Emphasizes
state power with a condition for fair compensation to the property owner.
Constitutional
Amendments Impacting Property Rights
- First Amendment (1951): Protected
agrarian reform laws under the Ninth Schedule from judicial scrutiny.
- Fourth Amendment (1955): Enhanced
the state’s capacity to acquire property for public purposes.
- Twenty-Fifth Amendment (1971): Allowed
state-determined compensation without strict adherence to market rates.
- Forty-Fourth Amendment (1978): Transformed
the Right to Property from a Fundamental Right to a constitutional right.
Protective
Clauses in the Constitution
- Article 31A: Shields
agrarian reform laws from equality and freedom-based challenges.
- Article 31B: Protects
laws in the Ninth Schedule from judicial review regarding fundamental
rights under Part III, within the "basic structure" limits.
Key
Judicial Interpretations
- Kesavananda Bharati Case (1973): Established
the "basic structure" doctrine, affecting amendments related to
property rights.
- Jilubhai Nanbhai Khachar Case (1995): Confirmed
that Article 300A ensures lawful deprivation of property but does not
guarantee compensation.
Source: https://www.thehindu.com/news/national/private-properties-cannot-be-taken-over-by-government-supreme-court/article68831508.ece