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By the 44th Amendment to the Constitution, the right to property was removed as a Fundamental Right and has been made as a legal right. This has which of the following implication(s)?
1. Now it can be regulated by an ordinary law of the Parliament without needing a Constitutional amendment Act.
2. Now private property is protected against the executive action but not against the legislative action.
Select the correct answer using the code given below:
- a)1 Only
- b)2 Only
- c)Both of them
- d)Neither of them
Correct answer is option 'C'. Can you explain this answer?
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By the 44th Amendment to the Constitution, the right to property was ...
- Since Right to Property is now only a legal right, it can be curtailed by the Parliament through an ordinary law. 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 the 44th Amendment to the Constitution, the right to property was ...
The 44th Amendment to the Constitution of India brought about a significant change regarding the right to property. Prior to this amendment, the right to property was considered a Fundamental Right under Article 31 of the Constitution. However, the 44th Amendment removed the right to property as a Fundamental Right and instead made it a legal right. This change has several implications, as mentioned below:
1. Regulating property through ordinary laws:
- One implication of removing the right to property as a Fundamental Right is that it can now be regulated by an ordinary law of the Parliament without requiring a Constitutional amendment.
- Earlier, any change or regulation related to the right to property required a Constitutional amendment, which was a lengthy and complex process.
- Now, the Parliament can pass ordinary laws to regulate and control property rights, allowing for greater flexibility and ease in making changes as per societal needs.
2. Protection against executive action but not legislative action:
- Another implication is that private property is protected against executive action, such as confiscation or acquisition by the government, but not against legislative action.
- This means that while the government cannot directly take away one's private property without following due process and providing compensation, the Parliament can pass laws that may impact property rights.
- For example, the government may enact laws to impose restrictions on land use, zoning regulations, environmental protection, and urban planning, among others.
- These laws may affect property owners by limiting their rights or imposing certain obligations, but they are considered valid as they do not directly violate the legal right to property.
Overall, the 44th Amendment to the Constitution, by removing the right to property as a Fundamental Right, has made it subject to ordinary laws passed by the Parliament. While private property is protected against executive action, it can be regulated and controlled through legislative measures. This change allows for greater flexibility in responding to evolving social and economic needs, while still providing some level of protection to property owners.
1. Regulating property through ordinary laws:
- One implication of removing the right to property as a Fundamental Right is that it can now be regulated by an ordinary law of the Parliament without requiring a Constitutional amendment.
- Earlier, any change or regulation related to the right to property required a Constitutional amendment, which was a lengthy and complex process.
- Now, the Parliament can pass ordinary laws to regulate and control property rights, allowing for greater flexibility and ease in making changes as per societal needs.
2. Protection against executive action but not legislative action:
- Another implication is that private property is protected against executive action, such as confiscation or acquisition by the government, but not against legislative action.
- This means that while the government cannot directly take away one's private property without following due process and providing compensation, the Parliament can pass laws that may impact property rights.
- For example, the government may enact laws to impose restrictions on land use, zoning regulations, environmental protection, and urban planning, among others.
- These laws may affect property owners by limiting their rights or imposing certain obligations, but they are considered valid as they do not directly violate the legal right to property.
Overall, the 44th Amendment to the Constitution, by removing the right to property as a Fundamental Right, has made it subject to ordinary laws passed by the Parliament. While private property is protected against executive action, it can be regulated and controlled through legislative measures. This change allows for greater flexibility in responding to evolving social and economic needs, while still providing some level of protection to property owners.
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By the 44th Amendment to the Constitution, the right to property was removed as a Fundamental Right and has been made as a legal right. This has which of the following implication(s)?1. Now it can be regulated by an ordinary law of the Parliament without needing a Constitutional amendment Act.2. Now private property is protected against the executive action but not against the legislative action.Select the correct answer using the code given below:a) 1 Onlyb) 2 Onlyc) Both of themd) Neither of themCorrect answer is option 'C'. Can you explain this answer?
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