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.
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.
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.
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.
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.
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.
Pre-1978:
Initially a Fundamental Right under Article 19(1)(f) and Article 31.
Land reform laws led to frequent conflicts, requiring several amendments.
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.
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.
For Property Owners:
Provides protection against arbitrary deprivation of property.
Reinforces the principle of just compensation aligned with inflation and market value.
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.
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.
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We provide offline, online and recorded lectures in the same amount.
Every aspirant is unique and the mentoring is customised according to the strengths and weaknesses of the aspirant.
In every Lecture. Director Sir will provide conceptual understanding with around 800 Mindmaps.
We provide you the best and Comprehensive content which comes directly or indirectly in UPSC Exam.