
The Right to Private property in India Today is a ______________________.
A. A Fundamental Right
B. A Political Right
C. A Moral Right
D. A Legal Right
Answer
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Hint:Private property is the foundation not only of wealth, but also of freedom itself. Thus by means of common law, state law and the Constitution, property rights—the rights of people to possess, use and dispose of property freely.
Complete answer:
The right of the individual to own private property is a human right. .The State does not take control of it without following due procedure and authority of law, the Supreme Court has held in a judgement. The State cannot intrude on the private property of a person and then claim ownership of the land in the name of 'adverse possession,' the court said.Grabbing private property, and afterwards claiming it as its own, makes the state an intruder.
According to an earlier verdict in the case of State of Haryana v. Mukesh Kumar (2011), in which it was held that the right to property is not only a constitutional or legislative right, but also a human right.
In 1967, when the government forcefully took over a land, 'the right to private property was still a constitutional right' under Article 31 of the Constitution.The right to property ceased to be a fundamental right with the amendment of the 44th Constitution in 1978.
A fundamental right has been given in compliance with Article 300A. Article 300A needs the State to obey due procedure and the legal authority to deprive a person of his or her private property.The Janata Party government moved the 44th amendment in 1977, repealing the right to property as a fundamental right and replacing it with Article 300A, which merely made it a legal right.
The Answer is Option D - A Legal Right
Note: Property is something that can be owned; it can be tangible (land, home, car, computer, shoes, carrots) or intangible (a bank account balance, an investment such as a share of a company's stock, a patent on an invention). Private property is property owned by a person or a group of individuals (such as a company or a corporation) rather than by the government or community as a whole.
Complete answer:
The right of the individual to own private property is a human right. .The State does not take control of it without following due procedure and authority of law, the Supreme Court has held in a judgement. The State cannot intrude on the private property of a person and then claim ownership of the land in the name of 'adverse possession,' the court said.Grabbing private property, and afterwards claiming it as its own, makes the state an intruder.
According to an earlier verdict in the case of State of Haryana v. Mukesh Kumar (2011), in which it was held that the right to property is not only a constitutional or legislative right, but also a human right.
In 1967, when the government forcefully took over a land, 'the right to private property was still a constitutional right' under Article 31 of the Constitution.The right to property ceased to be a fundamental right with the amendment of the 44th Constitution in 1978.
A fundamental right has been given in compliance with Article 300A. Article 300A needs the State to obey due procedure and the legal authority to deprive a person of his or her private property.The Janata Party government moved the 44th amendment in 1977, repealing the right to property as a fundamental right and replacing it with Article 300A, which merely made it a legal right.
The Answer is Option D - A Legal Right
Note: Property is something that can be owned; it can be tangible (land, home, car, computer, shoes, carrots) or intangible (a bank account balance, an investment such as a share of a company's stock, a patent on an invention). Private property is property owned by a person or a group of individuals (such as a company or a corporation) rather than by the government or community as a whole.
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