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AS A FUNDAMENTAL
RIGHT
UNDER
THE CONSTITUTION OF
INDIA
Team Members:
Agnel Jenson Arunkumar Paul
Harsh Bhatia
Aliasgar Tinwala
Vraj Pandya
Property, as a legal and social institution, has different forms in
different cultures and legal systems. However, only a definition of
Constitutional property is common in all democratic countries.
Since state exercises eminent domain power against private
property, it is pertinent to discuss the concept of private property
in brief.
Meaning of Property
This bill basically centred around the ‘certain difficulties that
had been brought to light by the judicial decisions and
pronouncements specially in regard to fundamental rights’.
The Constitution
(First The First Five year plan was in support of removing the evil
Amendment) zamindaris system, but it excluded the presence of
intermediaries and had given the land to tiller.
Act, 1951
Pt. Jawaharlal Nehru the then Prime Minister had enunciated
System
Therefore the first amendment added to Article 31 two
explanatory clauses 31-A and 31-B to fully secure the abolition
of zamindari.
The Constitution (Fourth Amendment) Act, 1955
Conclusion The whole genesis of the dispute over the right to property was the
unwillingness of the legislature and executive to pay full compensation or full
market value for the property acquired.