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Can the right to property under Article 300A be elevated to a fundamental right again?

Posted by jobseeker Krish Chandna | Approved
Answers (3)

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.

Answered by jobseeker Garima Rajput | Approved

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.

Answered by jobseeker naincy saraf | Approved

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

Answered by jobseeker kashvi | Approved

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