Mahak Meena, National Law School of India University, Bangalore
INTRODUCTION
Housing and property have been considered the basic amenities of human life for decades. The Right to property has been vested by nature in every humankind. This paper concerns the history of the Right to property in India and argues against its removal from the list of fundamental rights of the constitution. The insertion of the same in the list of fundamental rights was highly contested by framers but eventually became a part of it under Article 19(1)(f). However, it was removed in 1978 by the 44th Amendment Act. Majorly the paper focuses on critiquing the idea of its removal by questioning the reasons given by the government in the Statement of Objections and Reasons. Additionally, it discusses the repercussions followed by the Amendment. Substantiating the argument, it unearths the clarifications of the judges on the confusion of it being not a part of the basic structure of the Constitution.
