RIGHT TO PROPERTY AS NATURAL RIGHT- A CRITICAL STUDY
AUTHOR – STUTI HASMUKH OSWAL, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE
BEST CITATION – STUTI HASMUKH OSWAL, RIGHT TO PROPERTY AS NATURAL RIGHT- A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 484-491, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract:
Diving deep into the paradigm of natural rights to unravel the intricate tapestry of property rights. The historical journey begins with John Locke in the 17th century. The most famous social contract theorists, John Locke, argued that the right to property is a natural right that is derived from the right to self-ownership. India initially recognized the right to property as a fundamental right in its constitution in 1950. However, this right was downgraded to a constitutional right by the 44th Amendment Act, 1978, which allowed the government to regulate property rights for public welfare and land forms. The current status of the right to property as a natural right is marked by complexity and controversy. While the right to property is acknowledge is numerous global legal systems, its recognition as an inherent natural right remains inconsistent.The research inquires into probing the boundaries, limitation and the intricate relationship between individual property rights and the broader interests of society. This research is to investigate the challenges surrounding the right to property as a natural right and addressing issues such as balance between individual ownership and public interest along with the intersection of property rights with economic inequality in global context. The hypothesis of this critical study on the right to property as a natural right asserts that property rights have evolved significantly over time, influence by societal needs and evolving legal systems. The property rights are subject to increasing limitations to address concerns like environmental sustainability and economic inequality. It anticipates that a critical examination will reveal the resilience of property rights in balancing individual liberties with contemporary societal demands.
Key Words: Right to property, John Locke, fundamental human right, economic inequality, 44th Amendment Act, 1978.