Ujjwal PriyankAIR 10 · CSE 2025 · 200 wordsTheir whole copy
Opening · a constitutional or legal provision
The recent supreme court verdict under Property owner's Association (POA) case in 2024 held that not all private property is the material resource of community.
Thus, property rights in India is about a balance between individual rights and public welfare.
| As a right | As a Socio-economic justice |
|---|---|
| 1) Previously "Right to Property" was fundamental right under article 19 and 31 | 1) Article 39(b) aims to redistribute material resource of community for serving benefits to society |
| → Now a legal right under article 300 A | → Article 39(c) aims to check the growth and accumulation of wealth against public welfare. |
Body · points and prose
→ The 44th constitutional amendment removed property right from fundamental rights (Part III) to ensure that government can acquire land for public projects.
→ The article 31 A aims to promote suitable compensation when government acquires land of certain category.
→ Article 31 B promotes keeping certain laws (majorly land reform) act to ensure effective implementation without judicial review (Schedule 9).
Close
The Supreme Court in I.R. Coelho case held that laws under schedule IX after 24th April 1973 (date of Keshavanand Bharti) are liable to judicial review.