“Right to Property is a Constitutional Right, Legal Right, and Human Right”, states Andhra Pradesh HC

Team SoOLEGAL 21 Jan 2021 3:14pm

“Right to Property is a Constitutional Right, Legal Right, and Human Right”, states Andhra Pradesh HC

On 19th January, 2021, while hearing the case of [1]Chekka Guru Mural Mohan & Anr. v. The State of Andhra Pradesh, on Amaravati Land Scam, Justice Cheekati Manavendranath Roy referred to certain judgments that were passed by the Supreme Court of India and stated that the Right to Property is a Constitutional, Legal  and a Human Right.

Article 19(1)(f) and Article 31 are parts of Chapter III of the Constitution of India which deals with fundamental rights of the citizens. Article 19(1)(f) states that an Indian citizen has the right to acquire, hold and dispose of property. Article 31 states that no person shall be deprived of his property save by authority of law. Therefore, considering these two articles, right to property was a fundamental right of a citizen.

After the 44th amendment of the Constitution of India, these two articles were revoked where it was said that the right to property would no longer be a fundamental right to a citizen and this was on effect from 20.06.1979. But, the right to acquire property would still remain a constitutional, legal  and a human right. Article 31 was incorporated in Article 300(A) in Chapter IV, under the heading of “right to property”.

Andhra Pradesh High Court referred to a Supreme Court judgment in the case of [2]D.B. Basnett v. The Collector wherein it was said that right to property or right to land is not a fundamental right but it is still a constitutional right under Article 300(A) of the Constitution of India.

Another Supreme Court judgment in the case of [3]Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd.  was referred wherein it was said that right to property is not only a constitutional right but it is also a human right. Article 17 of Universal Declaration of Human Rights, 1948 which was adopted on 10.12.1948 states that every citizen has the right to own a property alone, as well as in joint with another person. No citizen should be deprived arbitrarily of a property.

Andhra Pradesh High Court concluded that the right to acquire and hold a property is a legal right and a human right as well.

Tagged: Constitutional Right   Legal Right   Human Right   Andhra Pradesh HC   Right to Property   Constitution of India   fundamental rights  
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