Article Details

An Analysis of Constitutional Amendments on Fundamental Right to Property | Original Article

Anushree Banerji*, in Journal of Advances and Scholarly Researches in Allied Education | Multidisciplinary Academic Research

ABSTRACT:

The Second Amendment's protection of the right to private property was the second most contentious provision fought over during the Constitution's creation, and it was the first fundamental right to be ultimately negated in 1978, giving it a unique refinement. The Indian State has made consistent efforts to reshape property relations in the public arena to achieve its goals of monetary improvement and social redistribution, and this can be seen in the development of the right to property in the Constitution from the drafting of the first established property proviso through legal understanding, enactment, and protected change. As a legitimate form of social organization, property has different forms under different legal systems. The legality of private property ownership is a point of contention between those who support the right to own such property and those who oppose it. Land acquisition legislation in India has a long and tumultuous history, with two clear lines of development one beginning with the Constitution of India, 1950, which guaranteed the fundamental right to property, and the other beginning with the establishment of the Land Acquisition Act, 1894. Not only should both be studied simultaneously, but in recent years they have both moved freely and independently of one another.