Right To Property May No More Be A Fundamental Right, But Its Sanctity As Human Right Is Still Intact

Case: Meenakshi Chouhan & Ors Vs Jammu Muncipal Corporation & Ors

Coram: Justices Tashi Rabstan and Wasim Sadiq Nargal

Case No.: WP(C) No. 158/2022

Court Observation: “No person shall be deprived of his/her property saved by authority of law or procedure established by law as right to property is a human right and also a constitutional right under Article-300-A of the Constitution of India”.

“The right to property ceased to be a fundamental right by the Constitution (Forty Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a Constitutional right under Article 300 A of the Constitution. Article 300 A provides that no person shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law”.

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