What is ‘enemy property’ and how is it important for the UPSC exam

3. These properties, referred to arsenic “enemy properties,” were entrusted to the Custodian of Enemy Property for India by the cardinal government. A akin process was followed for the properties near down by individuals who moved to China aft the Sino-Indian War successful 1962.

4. Notably, nether the Enemy Property Act of 1968, properties designated arsenic force properties stay permanently vested with the Custodian of Enemy Property, meaning they cannot beryllium inherited oregon transferred. This instrumentality establishes the ineligible model that allows the cardinal authorities to negociate and support power implicit force properties successful assorted states.

Enemy Property (Amendment and Validation) Act, 2017

1. The Enemy Property (Amendment and Validation) Act of 2017 reinforced the Enemy Property Act of 1968 and broadened its scope.

2. The amended Act expanded the explanation of the word “enemy subject”, and “enemy firm” to see the ineligible heir and successor of an enemy, whether a national of India oregon a national of a state which is not an enemy; and the succeeding steadfast of an force firm, irrespective of the nationality of its members oregon partners.

3. The amended instrumentality provided that force spot shall proceed to vest successful the Custodian adjacent if the force oregon force taxable oregon force steadfast ceases to beryllium an force owed to death, extinction, winding up of concern oregon alteration of nationality, oregon that the ineligible heir oregon successor is simply a national of India oregon a national of a state which is not an enemy.

4. The thrust of the amendments was to defender against claims of succession oregon transportation of properties near by radical who migrated to Pakistan and China aft the wars. The amendments efficaciously eliminated inheritance claims, ensuring that specified properties remained indefinitely nether authorities control.

BEYOND THE NUGGET: Right to Property

1. Originally, Article 19 (1) (f) and nonfiction 31 of Constitution of India contained the close to property, i.e. to acquire, clasp and dispose of spot taxable to the close of State to compulsory acquisition for nationalist purposes by authorization of law.

2. The 44th Constitution Amendment successful 1978 removed the close to spot from the database of Fundamental Rights by omitting sub-clause (f) of Article 19(1) and Article 31 from the Constitution. However, the close to spot was established arsenic a law close by the insertion of a caller article, Article 300A, which is titled “Right to Property.”

3. Recently, a seat of Justices B R Gavai and K V Viswanathan said successful its judgement, “Right to Property ceased to beryllium a Fundamental Right by the Constitution (Forty-Fourth Amendment) Act, 1978, however, it continues to beryllium a quality close successful a payment State, and a constitutional close nether Article 300-A of the Constitution. Article 300-A of the Constitution provides that nary idiosyncratic shall beryllium deprived of his spot prevention by authorization of law. The State cannot dispossess a national of his spot but successful accordance with the process established by law,”.

4. The determination came connected an entreaty against the November 22, 2022 judgement of a Division Bench of the Karnataka High Court dismissing the situation to the judgement of a azygous justice of the HC connected the question of acquisition of onshore for the Bengaluru-Mysuru Infrastructure Corridor Project successful 2003.

(Sources: Saif Ali Khan’s ‘enemy property’ case: what are these properties, and what is the law?,What is force spot successful India, SC’s ruling connected Article 19, No 1 tin beryllium deprived of spot without capable compensation: SC)

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