Relevance: GS II (Polity & Constitution) | Source: The Hindu

1. What is the News?

• The Rajasthan government has passed a new Bill to control how property is bought and sold in areas they label as “disturbed.”
• The Goal: To stop people from being forced to sell their homes at very low prices (distress sales) during times of communal tension or riots.

2. How Does the Law Work?

• Declaring an Area: The State government can officially name any neighborhood a “disturbed area” if there is a risk of violence or public disorder.
• The DM’s Permission: In these areas, you cannot sell, gift, or even lease your house without a “No Objection Certificate” (NOC) from the District Magistrate (DM).
• The Check: The DM will investigate to make sure the owner is selling the house happily and voluntarily, and not because they are being threatened by anyone.
• Punishment: Selling property without this permission is a serious crime, leading to 3–5 years in jail.

3. Why is it Contentious?

• Fear of Ghettoisation: Critics worry this will lead to “ghettoisation”—where different religious or social groups are legally forced to stay in separate neighborhoods instead of living together.
• Right to Property: Under Article 300A, every citizen has a constitutional right to their property. This law places a “restriction” on that right.

The “UPSC Trap”

• The “Fundamental” Trap: UPSC might say the Right to Property is a “Fundamental Right.” It is not. It was removed from the list of Fundamental Rights in 1978. It is now only a Constitutional Right.
• The “Authority” Trap: A common trick is to say only the Parliament can make such laws. Incorrect. Since “Transfer of Property” is in the Concurrent List, State governments can also pass such Bills.

UPSC Value Box

With reference to the Right to Property in India, consider the following statements:

1. The Right to Property is a Fundamental Right guaranteed under Part III of the Constitution.
2. Under Article 300A, no person shall be deprived of his property save by authority of law.
3. State governments have the power to regulate the transfer of property to prevent distress sales in disturbed areas.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

Correct Answer: (b)