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4 answers

Right to Property was a Fundamental right before the constitutional amendment.

It was deleted as you have already mentioned.

The amendment was challenged before the Supreme Court as ultra vires of the Constitution of India. The Supreme Court upheld the amendment. It was argued that by such an amendment an individual is bound to loose all his rights to his property and the State under the guise of such a legislation cannot usurp the properties of the individuals. It was further urged that since Fundamental right is a right which cannot be infringed for whatsoever reason, the State had no authority to pass such a legislation. The Supreme Court held that the State is the Sovereign and hence has the authority to acquire the property of an individual for the betterment of the Society.

Despite the scrapping of the Right to Property, Article 300-A of the Constitution provides for protection to a citizen and his rights in his property. This provision lays down that no citizen can be deprived of his property and his rights thereunto, without the due process of law.

Therefore even if the State wants to acquire the property of an individual it has to initiate proceedings under the Land Acquisition Act and only after following the due process of payment of compensation and other procedures, can the State acquire the property of a citizen.

Article 300-A can be invoked in all cases of deprivation of property provided the aggressor is the State or any of its instrumentalities.

2007-03-06 23:27:21 · answer #1 · answered by thiru 2 · 0 1

I think the only fundamental right that has ever been amended is the right to property (im sorry i just can't recall the amendment number, someone's run away with my book). The right was removed from fundamentla rights but retained as a legal right. Like all other amendments pertaining to economic rights it was highly contested and i believe challenged in the supreme court as well. The right was amended, I believe because fundamental rights are those that are considered absolutely indispensible for a fulfilling life as a citizen and right to property was thus considered redundant in that sense. Does that mostly answer your question?
ps: found you the exact amendment though....read up..follow the link http://indiacode.nic.in/coiweb/amend/amend44.html

2007-03-06 16:06:44 · answer #2 · answered by fly 2 · 1 0

Uh---Who's constitution are you talking about? There are only 27 Amendments to the United States Constitution.

Go straight to jail. Do not pass Go. Do not collect $200.

2007-03-05 01:47:18 · answer #3 · answered by longhornhomes 2 · 1 0

I thought there were only 27 amendments. Gorsh, I must be stoooopid.

2007-03-05 00:05:17 · answer #4 · answered by jcboyle 5 · 1 0

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