
Which of the following Articles of Constitution of India, 1950 provides for the right to property?
A) Article 31
B) Article 43
C) Article 31A
D) Article 300A
Answer
462k+ views
Hint: The Indian constitution contains 395 articles in 22 parts and various other articles and parts are inserted during the course of time through various amendments. The Constitution grants a citizen of the country its rights.
Complete answer:
Article 300A grants the right to property. It is one of the most controversial human rights, whether in the terms of existence or interpretation. The main motive behind the (forty-fourth amendment) act, 1978 was to bring the status of the right to property to a legal right rather than a fundamental right. The right to the property ensured under article 300A will be available against the administrative disruption and not against the legislative act.
The debate about the meaning of the right implied that it was excluded from the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The debate focuses upon who is considered to have property rights ensured (for example individuals or likewise companies), the kind of property which is secured (property utilized with the end goal of utilization or creation) and the purposes behind which property can be confined (for example, for guidelines, tax collection or nationalization in the public interest). In all common liberties instruments, either understood or express limitations exist on the degree to which property is ensured.
Thus, the correct answer is option (D) Article 300A is the Article of the Indian Constitution of India, 1950 which provides the right to property.
Note: Article 300-A doesn't allow hardship of property in a way obscure to law. Where there is an absolute absence of lawful experts for such hardship, it is held in the State of U.P. v. Manohar, that the Court may give pay as well as force commendable expense on the State specialists. In this manner, just based on some Government Order, the property of an individual can't be taken over by the Government.
Complete answer:
Article 300A grants the right to property. It is one of the most controversial human rights, whether in the terms of existence or interpretation. The main motive behind the (forty-fourth amendment) act, 1978 was to bring the status of the right to property to a legal right rather than a fundamental right. The right to the property ensured under article 300A will be available against the administrative disruption and not against the legislative act.
The debate about the meaning of the right implied that it was excluded from the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The debate focuses upon who is considered to have property rights ensured (for example individuals or likewise companies), the kind of property which is secured (property utilized with the end goal of utilization or creation) and the purposes behind which property can be confined (for example, for guidelines, tax collection or nationalization in the public interest). In all common liberties instruments, either understood or express limitations exist on the degree to which property is ensured.
Thus, the correct answer is option (D) Article 300A is the Article of the Indian Constitution of India, 1950 which provides the right to property.
Note: Article 300-A doesn't allow hardship of property in a way obscure to law. Where there is an absolute absence of lawful experts for such hardship, it is held in the State of U.P. v. Manohar, that the Court may give pay as well as force commendable expense on the State specialists. In this manner, just based on some Government Order, the property of an individual can't be taken over by the Government.
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