RIGHT TO PROPERTY: POLITY
NEWS: Right to property a constitutional right,
says Supreme Court
WHAT’S IN THE NEWS?
The Supreme Court reaffirmed the Right to Property as a
Constitutional and Human Right under Article 300A, emphasizing timely
compensation for land acquisition to ensure justice and fairness in a welfare state.
Historical Context of the Right to Property
- Initially
a Fundamental Right: Protected under Article
19(1)(f) and Article 31, allowing citizens to acquire, hold, and dispose
of property.
- Land
Reforms and Amendments: Repeated amendments
diluted property rights to enable land redistribution for socio-economic
equity.
- 44th
Constitution Amendment (1978): Removed the Right to
Property from Fundamental Rights and introduced Article 300A, making it a
Constitutional Right.
- Article
300A: States that no person can be deprived of property
except by the authority of law, ensuring acquisition is lawful and
compensatory.
Key Highlights of the Judgment
- Protection
Under Article 300A: Property can only be
acquired by lawful means with adequate compensation.
- Case
Context: Land acquisition for the Bengaluru-Mysuru
Infrastructure Corridor Project (BMICP) led to delayed compensation since
2005, attributed to state authorities’ inefficiency.
- Supreme
Court’s Intervention: Invoking Article 142,
the court directed compensation to be calculated based on market value as
of April 2019, reflecting fairness due to delays.
- Timeliness
of Compensation: Highlighted the economic implications of inflation
and lost investment potential due to delayed payments.
Implications
- Accountability
for State Authorities: Ensures strict
adherence to constitutional principles and timely compensation.
- Fairness
in Compensation: Sets a precedent for adjusting compensation rates
to account for bureaucratic delays and inflation.
- Strengthening
Property Rights: Reaffirms the Right to Property as a critical
Constitutional and Human Right, protecting citizens in a welfare state.
Source: https://economictimes.indiatimes.com/news/india/right-to-property-a-constitutional-right-says-supreme-court/articleshow/116906886.cms?from=mdr