The Right to Property in India has undergone significant transformation since the adoption of the Constitution in 1950. Initially enshrined as a fundamental right, it has evolved into a constitutional right, reflecting the nation’s shifting priorities between individual rights and collective welfare.
🏛️ Historical Context: Fundamental Right
At the inception of the Indian Constitution, the Right to Property was protected under Articles 19(1)(f) and 31. These provisions guaranteed citizens the right to acquire, hold, and dispose of property, and protected them from arbitrary deprivation of property by the state.
However, the implementation of land reform policies and the need for equitable redistribution of resources led to tensions between individual property rights and the state’s socio-economic objectives. This culminated in several constitutional amendments and landmark judgments aimed at balancing these interests.
🔄 The 44th Amendment and Article 300-A
In 1978, the 44th Amendment to the Constitution marked a pivotal shift by removing the Right to Property from the list of fundamental rights. Consequently, Articles 19(1)(f) and 31 were repealed, and Article 300-A was introduced, stating:
“No person shall be deprived of his property save by authority of law.”
This reclassification meant that while the Right to Property remained a constitutional right, it no longer enjoyed the same level of protection as fundamental rights. Citizens could no longer directly approach the Supreme Court under Article 32 for violations, but could seek redress through High Courts under Article 226.
⚖️ Judicial Interpretations and Safeguards
Despite its downgraded status, the judiciary has consistently underscored the importance of the Right to Property. In a 2024 ruling, the Supreme Court emphasized that individuals cannot be deprived of their property without due process and adequate compensation, reaffirming that the right remains a constitutional and human right.
The Court stated:
“A person cannot be deprived of his property without him being paid adequate compensation in accordance with law for the same.”
This judgment reinforces the principle that any expropriation of property must be legally sanctioned and justly compensated.
🌐 Contemporary Relevance
The Right to Property continues to be a pertinent issue in India, especially concerning land acquisition for infrastructure projects, urban development, and environmental conservation. The balance between individual property rights and the state’s development goals remains a delicate and evolving discourse.
📌 Conclusion
The evolution of the Right to Property in India reflects the nation’s journey towards achieving social justice while upholding individual rights. Though no longer a fundamental right, it remains a vital constitutional safeguard, ensuring that citizens are protected from arbitrary deprivation of property