NEW DELHI: The Supreme Court on Thursday asserted that while the right to property is no longer a fundamental right under the Indian Constitution, it remains a constitutional right and a recognised human right.
In a significant judgment emphasising the sanctity of property rights in a welfare State, a bench comprising justices Bhushan R Gavai and KV Viswanathan stressed that a person cannot be deprived of their property without adequate compensation being paid in accordance with the law. "Right to Property ceased to be a fundamental right by the Constitution (44th Amendment) Act, 1978. However, it continues to be a human right in a welfare State, and a constitutional right under Article 300A of the Constitution," noted the bench, in a case concerning long-pending compensation for lands acquired for the Bengaluru-Mysuru Infrastructure Corridor Project.
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