Saturday, February 28, 2009

Right to property moves right direction!

There is a news in the TOI which state that:

  • The Supreme Court on Friday issued notice to the Centre on a PIL, which said that the purpose for which right to property was relegated to a mere statutory right in the late 1970s is no longer relevant
  • The PIL seeking restoration of the right to property in the third chapter of the Constitution, which enumerates the fundamental rights enjoyed by every citizen, argued that it was made a statutory right in 1978 to abolish large land holdings with zamindars and rich and their distribution among landless peasants.  
  • Salve told a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam that the situation was grave and needed urgent remedial action. 
  • The Bench issued notice to the Union law ministry seeking its response to the PIL, which challenged the constitutional validity of the 44th Constitutional Amendment, 1978, on the ground that it was violative of the basic structure of the Constitution. 
  • The petition, filed through advocate Gopal Shankaranarayanan, stated that in the recent past acquisition of agricultural land depriving poor farmers of their only means of livelihood has given credence to the necessity for a fresh debate on making right to property as a fundamental right again. 
  • Though the 1978 constitutional amendment was to permit government to acquire land for public purpose without being dragged to courts by big zamindars, the alteration of the status of the right to property never intended to harm small landholders, the petition stated”. 

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