The Andhra Pradesh High Court on Tuesday reiterates that the Right to Property is a Constitutional Right, Legal Right and Human Right.
The HC bench comprising of Justice Cheekati Manavendranath Roy was hearing the Case of Chekka Guru Mural Mohan & Anr. v. The State of Andhra Pradesh and referred to certain judgments of the Supreme Court which reiterates that the Right to Property is a Constitutional Right, Legal and Human Right.
The bench said, “Earlier Article 19(1)(f) and Article 31 of the Constitution of India are part of Chapter III of the Constitution dealing with fundamental rights of a citizen. Article 19(1)(f) guaranteed to the Indian citizen a right to acquire, hold and dispose of property. Article 31 provided that “no person shall be deprived of his property save by authority of law”. Therefore, in view of Article 19(1)(f) and Article 31 of the Constitution, right to property was part of fundamental right of a citizen. Subsequently, by 44th constitutional amendment both Article 19(1)(f) and Article 31 were repealed with effect from 20.06.1979. So, the right to property ceased to be fundamental right. However, the right to acquire property continues to be a constitutional right, legal right and also a human right. Provision akin to Article 31 has been incorporated under Article 300-A in Chapter-IV of the Constitution under the rubric “right to property”. “
While referring to Supreme Court judgments the Andhra Pradesh HC said, “From the aforesaid exposition of law, it is now abundantly made clear that a citizen has a legal and constitutional right to acquire and hold property. The said right of an individual to hold a property apart from being a legal right, has also been held to be a human right.”