DEBUNKING THE TUSSLES BETWEEN EXECUTIVE AND JUDICIARY THROUGH THE LENS OF RIGHT TO PROPERTY
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Abstract
The Fundamental Right to Property enjoys the unique distinction of not only being the second most contentious provision in the drafting of the Constitution, but also the most amended provision, and the only fundamental right to be ultimately abolished in 1978i. The evolution of right to property has not been a smooth journey at all. While tracing the trajectory of right to property one can see ‘n’ number of tussles between the judiciary and the executive. Both seemed to have different conceptions about the importance of this right, which constantly led to contradictory opinions in cases. Judiciary regarded it to be an important part of an individual’s freedom while the executive wanted to restrict its effectiveness in order to acquire land for state purposes. This tussle ultimately led to the conversion of right to property from fundamental right to constitutional right. What this conversion did was that it reduced the degree of freedom and effectiveness of this right and gave more power to the state to acquire land for its own purpose. The tussle between the executive and the judiciary was mainly due to the difference in opinion regarding this right. This paper tries to showcase these tussles through various case laws and amendments and also tries to look into the question of whether these tussles lasted even after the conversion of right to property to constitutional right or whether the judiciary changed its stance after the conversion and sided with the executive.
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