A Critical Analysis Into Natural Law Jurisprudence Of Right To Private Property With Respect To The Landmark Case Of Vidya Devi V. The State Of Himachal Pradesh And Ors.
Jwaalaa Suresh, B.A.LLB., Kirit P Mehta’s NMIMS School of Law, Navi Mumbai
ABSTRACT
Right to Property was a fundamental right enshrined in the Indian Constitution under Article 19(1)(f). The same was ceased to be a fundamental right under the 44th Amendment of the Constitution, 1978 and now, Government can acquire private property of the private individuals as per the Article 300A of the Indian Constitution with proper authority of law. Thereby, the Fundamental Right ceased and transformed into a Constitutional Right. Now, the debate ensues that whether this acquisition of property with authority of law under Article 300A without any proper compensation to the individuals, is justified or not. Recently, the Supreme Court had passed a judgement that the right to private property is a Human Right. This paper seeks to analyze the judgement passed by the Apex Court by putting into an in-depth look into Natural Law Jurisprudence and Natural Rights.
Keywords: Property, Natural Law, Acquisition, Government, Human Right
