The Fundamental Right to Property

If you use the internet (!), this is the episode you need to tune into!

But first….what does it actually mean? To have a fundamental right to property? This was a huge debate in the Constituent Assembly and Article 31 and 19(1)(g) granted Indian citizens the right to property. This meant that while Article 31 limited how the state could acquire existing property rights, Article 19(1)(g), protected the capacity of individuals to acquire a property as part of their occupation and livelihood. But how did this unravel once India became a republic? And what was the torturous history of Article 31 before it was finally abolished in 1978?

We also look at the Intermediary Rules, 2021 which severely affect our fundamental right to the freedom of expression and digital rights.

Tune in!

Digital rights:

1. https://internetfreedom.in/5questions-to-ask-before-installing-an-app/

2. https://internetfreedom.in/intermediaries-rules-2021/

3. https://www.mondaq.com/india/social-media/1093222/safe-harbour-principle-and-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021

4. https://www.opindia.com/2021/08/sanjay-hegde-told-to-live-without-twitter-by-delhi-high-court/

On the fundamental right to property:

1. Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).

On ‘in the interests of public order’ as a ‘reasonable restriction’:

1. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 3.

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