The Power Of State Versus Individual Rights Essay

1565 WordsOct 7, 20157 Pages
INTRODUCTION Throughout the history of mankind, societies have tried to balance the relations between Individual and the State. The Constitution of India in its original un-amended form had deftly balanced individual right and the power of state, vis-à-vis, Right to Property. However, this was soon overwhelmed by the socialistic philosophy, and the right to property was relegated from a fundamental right to a mere legal right . This gave tenacity to the government 's acquisition of private property under the doctrine of eminent domain, for the greater good and development purposes. This doctrine of eminent domain is itself contended, as it raises the classical debate of power of State versus individual rights. One of the key challenges facing the development of infra¬structure in India is the acquisition of land. Landowner¬ship confers tangible benefits such as shelter and liveli-hood, as well as intangible benefits such as security and a stand¬ing in society. Landowners are thus often reluctant to part with their land unless mutually acceptable terms including compensation are agreed upon. Problems arise when land is required for “pub¬lic purpose” and the state can invoke laws that allow for com¬pulsory acquisition through ‘eminent domain’ . Often, the land acquisition process is neither consultative nor transparent. Further, land-titles are unclear and identifying parties eligible for compensation is rendered difficult. Finally, the compensa¬tion, and resettlement and

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