Right to Property | A religious fundamental right?

Summary

This video script delves into the evolution of the Right to Property in India, explaining its transformation from a fundamental right to a legal right through the 44th Constitutional Amendment of 1978. The speaker highlights the significance of this change and the role of religious denominations in retaining the Right to Property as a fundamental right under Article 26. The discussion also touches on the definition of religious denominations as per the courts, offering insight into the legal complexities surrounding property rights for different groups, and emphasizing the continuing relevance of property rights within India's constitutional framework.

Takeaways

• 😀 The Right to Property has been a powerful legal concept in India, impacting constitutional doctrines.
• 😀 The Right to Property led to the creation of the Basic Structure Doctrine, which is one of the most significant legal developments in the country.
• 😀 In 1978, through the 44th Constitutional Amendment, the Right to Property was removed as a Fundamental Right under Articles 19(1)f and 31.
• 😀 The Right to Property was redefined and inserted into Article 300A, creating a legal right rather than a fundamental right.
• 😀 The change in the Right to Property resulted in global attention, particularly regarding its status as no longer being a fundamental right.
• 😀 Despite the constitutional change, the Right to Property remains a fundamental right for religious denominations under Article 26.
• 😀 Article 26 protects the right of religious denominations to own and acquire movable and immovable property.
• 😀 The legal definition of religious denominations was established in the 1950 case of Shirur Mutt, where it was described as a group of individuals with common faith, distinct identity, and unique designation.
• 😀 Religious denominations like Radhaswamis, Lingayats, Vaishnavs, and Dawoodi Bohras are recognized, while societies like Bindu Society are not considered religious denominations.
• 😀 The Right to Property remains a legal right for all citizens but is now only a fundamental right for religious denominations, reflecting the significant shift in its constitutional status.

Q & A

What is the main theme discussed in the transcript?

The main theme of the transcript revolves around the Right to Property, its significance in Indian constitutional law, and its evolution through legal amendments, particularly the 44th Constitutional Amendment of 1978.

How did the Right to Property influence the country's legal system?

The Right to Property was a powerful legal tool that contributed to the development of the 'Doctrine of Basic Structure,' a landmark constitutional principle in India.

What major constitutional change occurred in 1978 concerning the Right to Property?

In 1978, through the 44th Constitutional Amendment, Articles 19F and 31 were removed, and Article 300A was inserted, thus altering the status of the Right to Property.

Did the Right to Property remain a fundamental right for all citizens after the 44th Amendment?

No, after the 44th Amendment, the Right to Property was no longer a fundamental right for all citizens, but it remained a legal right. It is now fundamental only for religious denominations under certain circumstances.

What is meant by 'religious denominations' in the context of the Right to Property?

Religious denominations refer to groups or communities with a common faith, distinct identity, and unique designation, as defined by the court in the 1950 case of SriRoor Math.

How did the court define 'religious denominations' in 1950?

In the 1950 case of SriRoor Math, the court defined religious denominations as a collection of individuals sharing a common faith, with a distinctive identity and unique designation.

Can religious denominations own property as a fundamental right?

Yes, religious denominations retain the Right to Property as a fundamental right, as specified under Article 26, which allows them to own and acquire movable and immovable property.

How did the legal understanding of the Right to Property change after the 44th Amendment?

After the 44th Amendment, the Right to Property was no longer a fundamental right for all citizens but became a legal right, except for religious denominations, which still maintain this right as fundamental.

What role does Article 26 play in the context of the Right to Property?

Article 26 of the Indian Constitution provides religious denominations with the fundamental right to own and acquire property, including both movable and immovable property.

Why is the distinction between fundamental and legal rights important in the context of the Right to Property?

The distinction is important because it determines the level of protection and enforcement of the Right to Property. While it is no longer a fundamental right for individuals, it still holds significant legal weight, especially for religious denominations.