Question
The doctrine of Basic Structure has many components.
Which of the following features has NOT been held to be a part of the basic structure by the Supreme Court?Solution
The Right to Property is no longer a Fundamental Right and has never been held to form part of the basic structure of the Constitution. Originally protected under Articles 19(1)(f) and 31, it was progressively diluted through amendments and judicial interpretation. Ultimately, the 44th Constitutional Amendment Act, 1978 removed it from Part III and reintroduced it as Article 300A, making it a constitutional legal right. In Waman Rao v. Union of India and later in Minerva Mills v. Union of India, the Supreme Court made it clear that property rights can be regulated or even extinguished to advance socio-economic justice, provided the deprivation is by authority of law. Thus, Parliament retains wide power over property without violating the basic structure.
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