Daily News Analysis

Right to Property

stylish_lining

Right to Property

The Supreme Court's recent judgment reaffirms the importance of the Right to Property as a Constitutional right under Article 300A and a human right in a welfare state. The decision has significant implications for governance, fairness in land acquisition, and timely compensation for property owners.

Key Takeaways from the Judgment

  1. Recognition of Article 300A:

    • The Right to Property is not a Fundamental Right but remains protected as a Constitutional Right.

    • It ensures that individuals cannot be deprived of their property except through legal authority and processes.

  2. Adequate Compensation:

    • The Court mandated that fair market value of the land must be considered during compensation, particularly accounting for delays.

    • Compensation delays caused by state authorities diminish the real value due to inflation and lost financial opportunities.

  3. Case Specifics:

    • The judgment arose from the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP) case.

    • Landowners were deprived of compensation since 2005, prompting the Court to direct the market value to be determined as of April 2019, ensuring justice to landowners.

  4. Judicial Intervention:

    • The Supreme Court exercised its Article 142 powers to provide equitable relief.

    • The ruling aimed to rectify delays attributed to state authorities' inefficiency and uphold the principle of just compensation.

  5. Implications of Timely Compensation:

    • Delay in compensation undermines its value and erodes public trust in government processes.

    • The Court emphasized accountability for authorities and adherence to constitutional principles in governance.

Historical Context of Right to Property

  1. Pre-1978:

    • Initially a Fundamental Right under Article 19(1)(f) and Article 31.

    • Land reform laws led to frequent conflicts, requiring several amendments.

  2. Post-1978:

    • The 44th Constitutional Amendment removed the Right to Property from the list of Fundamental Rights.

    • It was redefined under Article 300A as a Constitutional Right, ensuring property can only be acquired through legal authority.

Implications of the Judgment

  1. For Governance:

    • Enhances accountability of state authorities to ensure timely and fair compensation in land acquisitions.

    • Establishes legal precedent for addressing bureaucratic inefficiencies in land-related matters.

  2. For Property Owners:

    • Provides protection against arbitrary deprivation of property.

    • Reinforces the principle of just compensation aligned with inflation and market value.

  3. Economic and Social Justice:

    • Highlights the economic realities of delayed compensation and inflation's impact on property owners.

    • Reflects the judiciary's role in protecting citizens' rights in welfare governance.

Way Forward

  • Strengthening Legal Frameworks: Ensure prompt procedures and better oversight in land acquisition cases.

  • Efficient Disbursal Mechanisms: Establish timelines for determining and paying compensation.

  • Judicial Vigilance: Maintain the judiciary's proactive role in addressing state inefficiencies and upholding constitutional principles.

This judgment serves as a reminder of the importance of respecting constitutional rights and ensuring fairness in state actions concerning property. It underscores the judiciary's role as a guardian of individual rights in a welfare-oriented legal framework.


 

Kakori Train Action

The Kakori Train Action, which took place on August 9, 1925, marks one of the most iconic acts of resistance against British rule in India. It was a daring revolutionary act orchestrated by the Hi
Share It

WHO Model Lists of Essential Medicines (EML)

Recently, the World Health Organization (WHO) released updated editions of its Model Lists of Essential Medicines (EML), adding new treatments for various types of cancer, diabetes, and obesity as
Share It

Global Power Dynamics

India’s aspiration to become a global power is a compelling journey marked by both significant challenges and substantial opportunities. As one of the fastest-growing economies in the world,
Share It

India Electric Mobility Index

The NITI Aayog report “Unlocking a 200 Billion Dollar Opportunity: Electric Vehicles (EVs) in India” and the launch of the India Electric Mobility Index (IEMI) highlight both the poten
Share It

Adi Karmayogi Abhiyan

Why in the News? The Ministry of Tribal Affairs has launched the Adi Karmayogi Abhiyan, a groundbreaking initiative aimed at empowering tribal communities, fostering grassroots leadership, and
Share It

Indian Ports Act, 2025

Why is the Indian Ports Act, 2025 in the News? The President of India has granted assent to the Indian Ports Act, 2025, which replaces the previous Indian Ports Act of 1908. This new Act aims t
Share It

Private Sector in Defense Production

The growth in private sector participation in India's defense production marks a significant shift in the country’s defense strategy and industrial landscape. The private sector share in
Share It

India-Mauritius

The visit of the Prime Minister of Mauritius to Varanasi marked a significant milestone in strengthening the India-Mauritius bilateral ties. Describing India as a trusted partner in Mauritius'
Share It

solar manufacturing ecosystem

India's ambitious plan to develop a fully indigenous solar manufacturing ecosystem by 2028 is an essential step towards achieving energy security, sustainability, and enhancing its position as
Share It

Political Unrest in Nepal

Nepal’s ongoing political unrest, exacerbated by Prime Minister K P Sharma Oli’s resignation and youth-led protests, has created a volatile environment that directly impacts India&rsqu
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS