The Contempt Of Property Rights In India
Laxmi Mohana Dasyam, Jindal Global Law School
This paper seeks to analyse the special and exclusive position held by property rights in India and how due to its unique recognition in the Constitution of India and its successive reproduction not only resulted in a dilution of rights but also posed a threat to the basic tenets of public law and interpretation of the Constitution. The law of property has never been a consistent or a static subject. It underwent a lot of changes that resulted in its evolution over time. It has evolved in a flexible manner and has been interpreted in mixed manners across societies and over periods of time. The concept of property includes intangible and immovable property as well. Let us not forget that Article 32 was the avenue utilized to approach the Supreme Court directly against the violation of fundamental rights. The consequence of the 44th Amendment was that there was no further right to approach the supreme court when right to property was infringed by state action. The paper further seeks to analyse the further consequences of the amendment. The inherent contradiction between conserving existing property rights and ushering in a more egalitarian society through redistribution of land led to intense debate within the Constituent Assembly, ending in an uneasy compromise between competing interests. This paper also seeks to explore and discover the context of the debate.