Document Fragment View

Matching Fragments

31. The 44th Amendment to the Constitution of India was made in the year 1978. Prior to 44th Amendment to the Constitution of India property rights were fundamental right under Article 19(1)(f). After the 44th Amendment to the Constitution of India, it transformed into a constitutional right under Article 300-A of the Constitution of India .

Whereas as a fundamental right or statutory right, a person cannot be deprived of property, except with the authority of law.

34. Till 44th Amendment to the Constitution of India, a citizen was entitled to protection to his property as a fundamental right under Article 19(1)(f) of the Constitution of India. By virtue of 44th Amendment to the Constitution of India, the said rights was no longer a fundamental right. The property transformed itself into a constitutional rights under Article 300-A of the Constitution of India. This was also very succinctly by the Hon'ble Supreme Court in State of U.P. and others Vs. Manohar, (2005) 2 SCC 126 in the following passages:-

35. In my view, these decisions will not come to the rescue of the petitioner whether on account of denial of fundamental right of the petitioner's father under Article 19(1)(f) as it stood then or on account alleged violation of Constitutional Rights under Article 300A of the Constitution of India after 44th Amendment to the Constitution of India.
36. Section 59 of the Motor Vehicles Act, 1939 dealt with transfer of permit. A permit could be transferred with permission of the “transport authority” which granted the permit in the manner authorised under the permit. Section 82 of the Motor Vehicles Act, 1988 also deals with transfer of permits.