Arguments in favour of Right to property to be reinstated as Fundamental Right

♤ It would protect citizens from unwarranted state action in the name of acquisition: Compulsory land acquisition and mass displacement in the name of development have given rise to certain socio-economic issues. Thus, there is a need of stronger checks on the government.

♤ It will provide support to the judiciary: As of now the development of the Supreme Court’s doctrinal jurisprudence is only safeguard against the fear of arbitrariness of State action. For example- The Fair Balance test.

o The elevated status of Right to Property will aid Judiciary for effective delivery of justice.

♤ Tackling manipulative practices in calculating fair compensation: Land owners are at times deprived of a fair compensation due to vagueness in laws relating to land acquisitions.

♤ Insecure Titles and Poor Land Records and Administration: Many citizens lack a clear title to their land and it is accompanied by poor maintenance of land records by state organizations. For instance, the land rights of indigenous tribes were not recognized by the state, despite these people living in the land for generations.