I have been thinking about the law and its implementation and the balance between Private Rights and Public Good in India and about that: our constitution allows the citizens to enjoy certain fundamental rights, and also certain rights by virtue of law made by the parliament and the assemblies “.
But, surely, the rights which are nothing but private rights are subject to public good. A public good for some section of intellectuals is not so for remaining persons, who may not be intellectuals.
For the govt. and for some intellectuals to acquire the agricultural land from the farmers is for public good, but what about the private right of the farmers ? and the compensation given by the govt., to the farmers whether suitable or not suitable is a different matter and if no suitable compensation is given by the govt., is it taking away the rights of the farmers who got the rights by virtue of the constitution and the laws made by the same govt., which takes away the rights of the farmers. Is it the breach of law made by the same govt., or amendment of law of the land because it acquires by virtue of another law made by the same govt.?
First of all is the development of the agricultural in a country particularly like India, and encouragement of the farmers not for the benefit of the larger society and not for the Public Good ?
Subsidies for private rights or for public good ? then the same question again rises that what is public good ?
And, a good governance should strike a balance between private rights and public good, as the public means nothing but the collection of the people but subject to the organization and discipline and control .
Constitution says not only about the fundamental rights but also about the fundamental duties. Can one ask for a private right when one is not interested in fundamental duty ?
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