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Q. What is the present position of right to property under the Constitution ?

Ans. Originally, the right to property was recognized as one of the seven Fundamental Rights under Articles 19(1-7) and 31 of the Constitution. It included the right to acquire. to earn and to dispose of the property. The State was authorised to appropriate the property ot a person only in the public interest with the payment of a just compensation. As provided by the First and the Fourth Amendments, the amount of compensation was to be determined by the Legislature and the same was not to be questioned in the court of law. The right to property became highly controversial as it came in the way of socialistic pattern of society and led to many legal battles in the courts. Therefore, by the 44th Constitutional Amendment in 1978, the right to property was abolished as a Fundamental Right under Part III of the Constitution and was placed under Article 300A as a legal right. The legal right to property means that the private property of a person can be appropriated by the government only under the provisions of law. It also implies that in case of violation of a legal right (as distinct from the Fundamental Rights), the affected person can avail only ordinary judicial protection not like the judicial protection granted with respect to Fundamental Rights. Further, as a legal right is not a part of Fundamental Rights, it can be restricted or abridged by ordinary legal provisions also. Thus, if the right to property is violated as a legal right the affected person cannot directly approach the High Court or the Supreme Court but shall resort to ordinary legal procedure.


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13.0 Learning Outcome

13.1 Introduction

13.2 Initiatives towards Constitutional Status to Local Governance

13.2.1 Features of 73rd Constitutional Amendment

13.2.2 Features of 74th Constitutional Amendment

13.2.3 Decentralised Planning in Context of 73rd and 74th Constitutional Amendment Act

13.3 Initiatives after Economic Reforms

13.4 Functioning of PRIs in Various States after 73rd Amendment

13.5 Functioning of Local Governance after 73rd and 74th Constitutional Amendment: Observations

13.6 Conclusion

13.7 Key Concepts

13.8 References and Further Reading

13.9 Activities


After studying this Unit you should be able to:

• Identify the background of revitalisation of local governance;

• Understand the features of 73rd and 74th constitutional amendment;

• Discuss the initiatives after economic reforms; and

• Outlines the functioning of local governance in various states after the amendment.


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Ans. In terms of their scope and effect, these terms have specific connotations. The effect of Pardon is to abolish punishment and to absolve the convict of all charges. If Pardon is granted, it is assured as if the convict has not committed any crime. The convict will not face any disabilities due to the allegations and charges made against him. ‘Remission’ means reducing the punishment without changing the nature of punishment. For example, the imprisonment for 20 years may be reduced to the imprisonment for 10 years. ‘Commutation’ means reducing the punishment by changing the nature of punishment. For example, punishment to death may be changed to life imprisonment. ‘Respite’ means reducing or changing the nature of punishment in view of the specific facts and circumstances of the convict. For example, the punishment to death awarded to a pregnant woman, may be changed to simple life imprisonment. Respite means delay in execution of punishment especially that of death, in order to …