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Which of the following is/are correct about Right to Property?

1. It was made a Constitutional right under Article 300A by the 44th Constitutional Amendment, 1978.

2. Right to Property is a Natural Right.


1. 1 only
2. 2 only
3. Both 1 and 2 
4. Neither 1 nor 2

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Correct Answer - Option 3 : Both 1 and 2 

The correct answer is Both 1 and 2.

  • Right to Property is a Constitutional Right.
  • The state cannot take possession of it without following due procedure and authority of law.
  • In the State of Haryana v. Mukesh Kumar case (2011), it was held that the property right is not only constitutional or statutory but also a human right.
  • The doctrine of Adverse Possession: The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession.
  • Grabbing private land and then claiming it as its own makes the state an encroacher.
  • In 1967, when the government forcibly took over the land for equitable distribution, the ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.
  • So, the Government came up with the 44th Constitution Amendment in 1978 which made the Right to Property a mere Constitutional Right. Hence statement 1 is correct.
  • It was made a Constitutional right under Article 300A.
  • Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.
  • A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment.

  • John Locke has given Three Natural Rights:
  1. Right to Life
  2. Right to Liberty
  3. Right to Property
  • Hence statement 2 is correct.

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