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Is Right to Property a Fundamental Right in India?

In single words the answer is no. Currently right to property is not a fundamental right in India. By the 44th Amendment Act right to property has been eliminatedand now it is just a legal right. In 1978, the Janatha Government headed by Moraji Desai removed the right to property from the list of fundamental right. Now under article 32 if once property is taken away by authority without the support of law, the victim cannot go to (has no right to ) Supreme Court. Also if legislature making a law to take over private property, Citizen cannot challenge the reasonableness of the restriction imposed by the law. With the removal of article 31(2) Government no longer obliged to make a law for the public purpose with compensation while take over a private property.



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