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Arup (UNEMPLOYED)     20 March 2011

what is property according to 300a

can anybody enlighten me on art. 300 a. of the constitution of india?

what is property under art 300a?



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 1 Replies

Democratic Indian (n/a)     21 March 2011

Explicit enumeration of Property as a Fundamental Right was removed from Part III of COI and Article 300A inserted. As per Article 300A of COI, property is a Constitutional Right. Even though explicit enumeration of Property as a Fundamental Right was removed from Part III, question remains whether property is a Fundamental Right under Part III of COI.


Someone may say this matter has been "decided" by Supreme Court, but Supreme Court is not free from committing "errors". The Supreme Court has recently expressed regret for a 1976 judgment that said a citizen's right to life and liberty could be suspended during the Emergency which lasted from June 1975 to March 1977. A bench comprising justice Aftab Alam and justice Asok Kumar Ganguly, while upholding the decision of the Assam governor to commute the death sentence of a murder convict to life imprisonment, said: "Instances of this court's judgment violating human rights of the citizens may be extremely rare but it cannot be said that such a situation can never happen...We can remind ourselves of the majority decision of the Constitution Bench of this court in Additional District Magistrate Jabalpur V Shivakant Shukla."

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