Yes, while the right to property is currently a constitutional right under Article 300A, it is possible for it to be elevated to a fundamental right again through a constitutional amendment. However, it would require a change in the Constitution itself, not just a change in legal interpretation.
Yes, theoretically, the right to property, currently enshrined as a legal right under Article 300A of the Indian Constitution, could be elevated to a fundamental right again. This would require a constitutional amendment, a process initiated by Parliament and requiring a specific super-majority vote.
Here's a breakdown of the process and rationale:
Constitutional Amendment:
The Constitution of India is a living document, and amendments are possible. To elevate the right to property back to a fundamental right, a constitutional amendment would be required.
Parliament's Role:
The process starts with Parliament, which can propose an amendment to the Constitution.
Super-Majority Vote:
For constitutional amendments, a special procedure is followed, including a super-majority vote in Parliament.
Rationale:
Arguments for elevating property to a fundamental right could center on its importance in upholding individual freedoms, economic stability, and social justice.
Challenges:
The current status of property as a legal right, while not a fundamental right, provides some protections, but the reinstatement of its fundamental right status would require overcoming legal, political, and social challenges.
Yes, the right to property under Article 300A can be elevated to a fundamental right again, but this would require a constitutional amendment by Parliament. Currently, it is only a constitutional right and not a basic feature of the Constitution, so its status can be changed through the legislative process
Please login to submit an answer.