Such deprivation can be only by resorting to a procedure prescribed by a statute. The same cannot be done by way of executive fiat or order or administration caprice. In other words, Article 300-A only limits the power of the State that no person shall be deprived of his property save by authority of law.
By Chongtham Victor
The right to property is now considered to be, not only a constitutional or a statutory right, but also a human right, though it is not a basic feature of the Constitution or a fundamental right. Human rights are considered to be in the realm of individual rights, such as the right to health, the right to livelihood, the right to shelter and employment etc. Human rights are gaining an even greater multifaceted dimension.
The right to property is considered, very much, to be a part of such a new dimension. It is pertinent to note that even after the Right to Property ceased to be a Fundamental Right, the deprivation by not allowing to either transfer or getting registered in between the intending vendor, vendee or any intending owner relating to the land can take place only in accordance with the “law”, as the said word (deprivation) has specifically been used in Article 300-A of the Constitution.
Such deprivation can be only by resorting to a procedure prescribed by a statute. The same cannot be done by way of executive fiat or order or administration caprice. In other words, Article 300-A only limits the power of the State that no person shall be deprived of his property save by authority of law. There is no deprivation without due sanction of law. In other words, if there is no law, there is no deprivation.
The question that emerges for consideration is whether, in a democratic body polity, which is supposedly governed by the Rule of Law, the State should be allowed to deprive a citizen of his property, without adhering to the law. As per the recent notification of the concerned department of Revenue, it is notified that the police shall be utilised for effective investigation or the inquiry pertaining to the land transfer/registration subject to the further approval from the concerned minister.
In this regard, it may be stated that utilisation of the police force in this respect shall hamper the actual duties of the police administration in many fold, rather create a chaotic situation and misunderstanding between the two departments. And further compliance to be obtained from the concerned minister as per the said notification would also be a hard struggle for the public rather it may pave the way for greasing the palm of the concerned officials.
It is evident that the act of the State amounts to encroachment, in exercise of “absolute power” which in common parlance is also called abuse of power or use of muscle power. To further clarify, it must be noted that the authorities have treated the land owner as a ‘subject’ of medieval India, but not as a ‘citizen’ under our Constitution. The State, especially a welfare State which is governed by the Rule of Law, cannot arrogate itself to a status beyond one that is provided by the Constitution.
Our Constitution is an organic and flexible one. Depriving the citizens of their immovable properties was a clear violation of Article 21 of the Constitution. In a welfare State, statutory authorities are bound, not only to impose restrictions but to develop the quality of welfareness. The non-fulfillment of the state’s obligations would tantamount to forcing the said deprived persons to become vagabonds or to indulge in anti-national activities as such sentiments would be born in them on account of such ill-treatment and infringement.
Therefore, it is not permissible for any welfare State to uproot a person and deprive him of his fundamental/constitutional/human rights, under the garb of initiation for welfare of the state or any other means. The citizens have been deprived of their legitimate dues for about two years.
In such a fact-situation, we fail to understand for which class of citizens, the Constitution provides guarantees and rights in this regard and what is the exact percentage of the citizens of this country, to whom Constitutional/statutory benefits are accorded, in accordance with the law. The citizens have been seriously discriminated against. This kind of discrimination not only breeds corruption, but also dis- respect for governance, as it leads to frustration and to a certain extent, forces persons to take the law into their own hands.
Even under valid proceedings/lawful authority, there is a legal obligation on the part of the authorities to complete such proceedings at the earliest, and to make good revenue to the state. Due to such imposition of suspension order by the state the citizen may be unable to purchase any land or other immovable property even at a belated stage.
After all money is what money buys and it should be allowed to circulate in any valid forms. It is a common experience that the purchasing power of rupee is dwindling. With rising inflation, the delayed payment may lose all charm and utility of the transaction. In some cases, the delay may be detrimental to the interests of the transferor and transferee. In all such cases, it is of utmost importance that the present eclipse be cleared without delay. Before parting with the present issue, the gesture shown by the State Government for coming forward with an inappropriate suggestion by way of laying a few rules and regulations in attempting to resolve the long pending issue is so not again cordial and sympathetic.
(Chongtham Victor is an advocate based in Imphal, Manipur)