Introduction
The Supreme Court of India has clarified that the property right, as enshrined under Article 300-A of the Indian Constitution, extends to individuals who are not citizens of India. In other words, this constitutional provision covers not only legal entities but also non-citizen individuals.
Supreme Court Judgment: The right to property enshrined under Article 300A of the Constitution of India applies to non-citizens of the country. The Supreme Court ruled.
Supreme Court Verdict on Property Tax
“The expression person in Article 300-A applies only to a legal or juridical person. But also to a person who is not a citizen of India. The expressive property also has a wide scope. A bench comprising Justices BV Nagaratna and Ujjal Bhuyan ruled that a tax on all rights over property is applicable.
The property right is considered a human right in India. To this effect, Article 300-A was introduced in the Constitution in 1978. It states that ‘no person shall be deprived of his property except by authority of law’.
Statutory Order Having the Force of Law
“According to Article 300-A of the Constitution, no person shall seize the property of another except by authority of law. The term “law” means an Act of Parliament or a State Legislature, a rule, or a statutory order having the force of law.”
“The term “property” encompasses not only tangible or intangible assets but also all rights, titles, and interests related to a property. Although ownership of property is not a fundamental right. It is a constitutional right,” the Supreme Court said in its order in a case dealing with the issue of hostile property.
Introduced in 300-A of the Constitution
In 1978, due to ongoing property scandals, some changes were made to this Act. Article 300-A was introduced in the Constitution. It states that “no person shall be deprived of his property except by authority of law.” Although the right to own property is not considered a fundamental right, it is indeed a constitutional right.
Conclusion
The Supreme Court of India has in fact made it clear that property tax applies to non-citizens of India as well. This means that non-Indian citizens still have to pay property taxes in the country. The judgment reinforces the principle that property ownership comes with certain responsibilities regardless of citizenship status. For more information, visit OpenPlot.
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