By 44th Amendment Act 1978 of the Constitution of India, a new article namely 300A was inserted and titled as Right to Property. In this context which of following about the status of Right to Property would be correct ?
It is now a Legal Right and not Fundamental right
Correct AnswerIt is also a Conventional right
Incorrect AnswerIt is a Right conferred by Executive Order
Incorrect AnswerAll of the above are True
Incorrect AnswerExplanation:
This being a legal right has three important implications:
- There is no guaranteed right to compensation in case of acquisition of a private property by the state.
- It can be regulated without a constitutional amendment by an ordinary law of the Parliament.
- For e.g. the earlier Land Acquisition Act did not provide for resettlement and rehabilitation after the
Acquisition of private land by the state. Other implications are:
- It protects private property against executive action but not against legislative action.
- In case of violation, the aggrieved person cannot directly move the Supreme Court under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move the High Court under Article 226.
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By: Parvesh Mehta