ARTICLE 300A

In news:

• The Supreme Court has reiterated that forcible dispossession of a person of his private property without due process of law is a violation of human rights.
• In a recent judgment by a Bench led by Justice S.K. Kaul, the court stressed that right to property is both a human right and a constitutional right — the latter under Article 300A of the Constitution.

About Article 300A

• Article 300A says that ‘No person shall be deprived of his property save by authority of law’.
• The 44th constitutional amendment act inserted article 300-A in the Indian Constitution.
• Before this amendment, right to property was the fundamental right, enshrined in article 19 (1) (f) & 31 of the Constitution of India.
• However, ambit and scope of this right have diminished by the amendment above act, but the aggrieved person remains a right to move writ petition before the High Court under article 226 of the Constitution of India.
• After 44th amendment, article 300-A only prohibits deprivation of the right to property by mere executive order unless that order is made or authorized by some law enacted by the legislature.
• In other words, right to property is protected against arbitrary executive action, but not legal action.
• The government may deprive a person of his property for greater public use, and an aggrieved person cannot invoke article 32, i.e. move a writ before the Supreme Court by infringement of his fundamental right.
• Eventually, the aggrieved person can challenge the legality or fairness of procedure followed for acquisition of land instead of acquisition of land.

PRELIMS QUESTION:

Q. Right to Property was made a constitutional right and ceased to be a fundamental right by means of which one of the following constitutional amendments?

a. 44th Amendment

b. 42nd Amendment

c. 26th Amendment

d. 56th Amendment

Answer to Prelims question