Question

The Rights to Private Property in India today is _____________.
(A) A legal right
(B) A political right
(C) A constitutional right
(D) A fundamental right

Answer 1

Hint: The right to property or right to own property is frequently confidential as a human right for natural persons concerning their belongings. A universal acknowledgement of a right to private property is found more infrequently and is usually severely inhibited insofar as property is retained by legal persons (i.e., establishments) and where it is used for manufacture rather than an expenditure.

Complete answer:
After the Indian Independence, when the Constitution of India came into power on January 26, 1950, the right to property was encompassed as a ‘fundamental right’ under Article 19(1)(f) and Article 31 in Part III, making it an implementable right. Though, throughout the initial decade of independence age, it was felt that the right to property as an essential right was an excessive impairment in shepherding a just socio-economic directive and a basis of the clash when the State was to obtain private property for public resolutions, predominantly, development of rail, road and industries, etc. In order to get free of this obstacle, the Supreme Court in the historic case recognized Fundamental Rights Case held that the right to property is no portion of the rudimentary edifice of the constitution and consequently, Parliament can obtain or take away the private property of persons for affected good and in the public interest. Afterwards, Parliament approved the Constitution 44th Amendment which made the right to property a normal legal right under Article 300-A. Nevertheless, the Supreme Court in one of the cases has made it obvious that the administrator cannot divest a person of his right to property without the mandate of law.

Thus, option (D) is correct.

Note: The latest situation with respect to property in India is well spoken by the Supreme Court of India in Indian Handicraft Emporium v. Union of India, where the Court detected that right to property is a human right as a constitutional right under Article 300-A, but it is not an essential right. It is certainly a Statutory right but each and every entitlement to the property would not be property rights.