Law Answer Writing Practice 2018 - Week 3 - Question 1

90 Days Law Answer Writing Practice Question 1 for 26-Nov-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

 

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

26-Nov-2018 - Question 1

What do you understand by the term "Eminent Domain"? Discuss it's relevance in today's context. (2016) - 150 Words

For Question 2 - Click Here

 

Model Answer

‘Eminent domain’ means the supreme power of the king or the government under which property of any person can be taken over in the interest of general public.

With ongoing development works which requires land, and also keeping in mind the public policy of abolition of zamindari system after Independence, many reforms were initiated, such as-

  • Under Article 31 A of the Constitution of India, this eminent domain doctrine is described, and it has been much of a debate since it’s inception in 1951 vide 1st Amendment.
  • Under Article 300 A, right to hold property is a legal right and can be curtailed, abridged or modified by the State only by exercising its legislative power, not an executive order which will be unconstitutional. 

Doctrine of eminent domain recognizes the natural right of a person to hold property, and if that right is taken away by the legislation arbitrarily then it is bound to be declared unconstitutional.

The Courts have also with time have recognised and strengthened the concept of fair compensation along with keeping in mind the welfare objectives of acquiring property by the state.

So long as the public purpose subsists, the exercise of the power by the State to acquire land of its subjects without regard to wishes of the owner or person interested in the land cannot be questioned.

 

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

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