Topic Details (Notes format)

Present Position of Right to Property

Subject: Polity

Description

Present Position of Right to Property

Originally enshrined as a Fundamental Right under Part III of the Constitution, the Right to Property was later removed from this category by the 44th Amendment Act of 1978. Today, it exists as a constitutional legal right rather than a Fundamental Right, and is subject to ordinary legislative regulation.

This change reflects the evolving priorities of the state, which now emphasizes social and economic justice over individual property claims. While property rights continue to be protected, they no longer enjoy the same judicial sanctity as the Fundamental Rights guaranteed in Part III.

Summary

Explains the shift of the Right to Property from a Fundamental Right to a legal right, reflecting changing constitutional priorities and the emphasis on social justice.