Assess the significance of right to property in political theory. (UPSC CSE Mains 2020 - Political Science and International Relations, Paper 1)
The natural rights theory of property received its most famous expression from John Locke in his Two Treatises of Government (1690). Since a core purpose of his political philosophy was to defend individual rights against political absolutism it was essential for him to show that such rights (including property rights) have legitimacy independently of, and antecedent to, government. On Locke''s account, man is bound by a duty to God to preserve His creatures (including ourselves). We cannot carry out this duty efficiently without exclusive rights to land and other objects—that is, private property rights. When working, for instance, on a previously unclaimed plot of land or on a piece of wood we mix our labour with the object in question, thus adding value to it. On Locke''s view, this process makes us the legitimate and exclusive owners of that plot of land or piece of wood. It should be noted here that Locke, in stark contrast to—for example, Robert Nozick—argued that the riches of the earth were not initially unowned. Quite on the contrary he stipulated that the earth was res communis—that is, owned by all of humanity, given to us by God. Locke''s natural rights theory has the distinct advantage of providing a general account of property that gives some guidance to when legitimate ownership is present or not. The approach has, however, been subject to criticism.
Contrary to Locke, who views property right as an essential part of individual freedom, Marx employs the labor theory of value to argue for the abolition of private property, which he sees as a source of alienation and a major obstacle for the attainment of individual freedom. Marxist theory holds that private ownership of the means of production permits a tiny number of capitalists to benefit from the labour of the working class. This perpetuates exploitation. This exploitation is recognised as a crucial contributor to social and economic inequality and as a core aspect of capitalism society. The concentration of wealth and power in the hands of a tiny class of capitalists is seen by Marxist theory as a major cause of social conflict and class struggle. It is asserted that these issues may be settled and a more peaceful society can be produced by doing away with private property and implementing a socialist government.
A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law. Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. It was made a Constitutional right under Article 300A. Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.
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