Wednesday, February 5, 2025

Some landmark cases between the judiciary and legislature regarding the Right to Property in India:

Some landmark cases between the judiciary and legislature regarding the Right to Property in India:

1. State of West Bengal v. Subodh Gopal Bose (1954)
The Supreme Court held that the Right to Property under Article 31 is not absolute and can be restricted by the state in the interest of the general public.

2. Kameshwar Singh v. State of Bihar (1952)
The Supreme Court held that the Right to Property includes not only the right to hold property but also the right to dispose of it.

3. Vajravelu Mudaliar v. Special Deputy Collector (1955)
The Supreme Court held that the state can acquire property for public purposes, but it must provide fair compensation to the owner.

4. Shankari Prasad Singh Deo v. Union of India (1951)
The Supreme Court held that the power of Parliament to amend the Constitution, including the Right to Property, is unlimited.

5. Sajjan Singh v. State of Rajasthan (1965)
The Supreme Court held that the Right to Property is not a sacrosanct right and can be restricted by the state in the interest of social welfare.

6. Golaknath v. State of Punjab (1967)
The Supreme Court held that the Right to Property is a fundamental right and cannot be taken away by Parliament, even by amending the Constitution.

7. Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court held that while Parliament has the power to amend the Constitution, it cannot alter the basic structure of the Constitution, including the Right to Property.

8. Minerva Mills v. Union of India (1980)
The Supreme Court held that the Right to Property is not a fundamental right, but it is still a constitutional right under Article 300A.

9. Jilubhai Nanbhai Khachar v. State of Gujarat (1995)
The Supreme Court held that the state can acquire property for public purposes, but it must provide fair compensation to the owner and ensure that the acquisition is not arbitrary.

10. I.R. Coelho v. State of Tamil Nadu (2007)
The Supreme Court held that the Right to Property is an important aspect of individual freedom and dignity, and it cannot be taken away by the state without due process of law.

These cases highlight the ongoing debate between the judiciary and legislature regarding the Right to Property in India, and the evolving interpretation of this right over time.

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