The Right to Property in the Indian Constitution: “Evolution and impact”

The right to property has been a fundamental aspect of the Indian Constitution since its inception in 1950. However, the interpretation and impact of this right have evolved significantly over the years. This abstract aims to explore the evolution and impact of the right to property in the Indian Constitution. Initially, the right to property was recognized as a fundamental right under Article 19(1)(f) and Article 31 of the Constitution. However, in 1978, the 44th Amendment Act significantly altered the right to property by removing it as a fundamental right and placing it under Article 300A as a legal right. This shift was a response to the prevailing socio-economic conditions and the need for land reform. The impact of this change has been profound, leading to the government's ability to acquire private property for public use through legislation. This has had significant implications for landowners and has sparked debates on the balance between individual rights and the greater good. Furthermore, the right to property has also been subject to judicial interpretation, with the Supreme Court playing a crucial role in shaping its scope and application. Landmark cases such as Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India have further defined and redefined the right to property.

Keywords: Right to Property, Indian Constitution, Evolution, Impact, Judicial Interpretation

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