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Consider the following statements in the context of the status of the Right to Property in India:
It protects private property against legislative action but not against executive action.
In case of violation, the aggrieved person can directly move the Supreme Court under Article 32.
There is guaranteed right to compensation in case of acquisition of the private property by the State.
Which of the statements given above are correct?
- a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)None of the above
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements in the context of the status of the...
The 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III. Instead, the Act inserted a new Article 300A in Part XII under the heading ‘Right to Property’. It provides that no person shall be deprived of his property except by authority of law. Thus, the right to property remains a legal right or a constitutional right, though no longer a fundamental right.
The right to property as a legal right (as distinct from the Fundamental Rights) has the following implications:
a) It can be regulated i.e., curtailed, abridged or modified without a constitutional amendment by an ordinary law of the Parliament.
b) It protects private property against executive action but not against legislative action. So, statement 1 is not correct.
c) 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. So, statement 2 is not correct.
d) No guaranteed right to compensation in case of acquisition or requisition of the private property by the State. So, statement 3 is not correct. Therefore, the correct answer is d.
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Community Answer
Consider the following statements in the context of the status of the...
Status of Right to Property in India:
• Protection of private property: The Right to Property protects private property against legislative as well as executive action.
• Directly move the Supreme Court: In case of violation of the Right to Property, the aggrieved person can directly move the Supreme Court under Article 32 of the Indian Constitution.
• Guaranteed right to compensation: There is a guaranteed right to compensation in case of acquisition of private property by the State.
Correct answer: None of the above statements are correct.
Explanation:
• Protection of private property: The Right to Property was a fundamental right under Article 31 of the Indian Constitution. However, it was removed as a fundamental right and made a legal right under Article 300A by the 44th Amendment Act, 1978. It now protects only the ownership and possession of private property and not against legislative or executive action.
• Directly move the Supreme Court: The aggrieved person can move the High Court under Article 226 or the Supreme Court under Article 32 for violation of any fundamental right, including the Right to Property. However, the Right to Property itself is not a fundamental right anymore.
• Guaranteed right to compensation: The Constitution does not guarantee a right to compensation in case of acquisition of private property by the State. The State is only required to pay compensation that is just and fair, which is determined by the courts.
In conclusion, the correct answer is option 'D' as all the given statements are incorrect.
• Protection of private property: The Right to Property protects private property against legislative as well as executive action.
• Directly move the Supreme Court: In case of violation of the Right to Property, the aggrieved person can directly move the Supreme Court under Article 32 of the Indian Constitution.
• Guaranteed right to compensation: There is a guaranteed right to compensation in case of acquisition of private property by the State.
Correct answer: None of the above statements are correct.
Explanation:
• Protection of private property: The Right to Property was a fundamental right under Article 31 of the Indian Constitution. However, it was removed as a fundamental right and made a legal right under Article 300A by the 44th Amendment Act, 1978. It now protects only the ownership and possession of private property and not against legislative or executive action.
• Directly move the Supreme Court: The aggrieved person can move the High Court under Article 226 or the Supreme Court under Article 32 for violation of any fundamental right, including the Right to Property. However, the Right to Property itself is not a fundamental right anymore.
• Guaranteed right to compensation: The Constitution does not guarantee a right to compensation in case of acquisition of private property by the State. The State is only required to pay compensation that is just and fair, which is determined by the courts.
In conclusion, the correct answer is option 'D' as all the given statements are incorrect.
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Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer?.
Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements in the context of the status of the Right to Property in India: It protects private property against legislative action but not against executive action. In case of violation, the aggrieved person can directly move the Supreme Court under Article 32. There is guaranteed right to compensation in case of acquisition of the private property by the State. Which of the statements given above are correct?a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)None of the aboveCorrect answer is option 'D'. Can you explain this answer?.
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