Right to Property as Legal Right in India
Right to Property as a Legal Right in India
1. Historical Background
Originally a Fundamental Right:
The Right to Property was originally guaranteed as a Fundamental Right under Article 31 of the Indian Constitution, which provided protection against compulsory acquisition or expropriation of property by the State without just compensation.
It was considered a legal right with constitutional protection, meaning that the State could not deprive a person of property arbitrarily.
2. Article 31 (Originally)
Article 31(1): No person shall be deprived of their property except by authority of law.
Article 31(2): Provided that laws for compulsory acquisition must provide for compensation.
Article 31(3): Protected laws related to acquisition or requisitioning during emergencies.
3. Changes Over Time
The Right to Property was controversial because it was perceived as a hurdle in land reforms and socialist economic policies pursued by early governments.
Several constitutional amendments were introduced to restrict this right in the interest of public purpose and land redistribution.
4. Significant Amendments Affecting Right to Property
First Amendment (1951):
Inserted Article 31A and 31B to protect land reform laws from judicial review.
Fourth Amendment (1955):
Changed compensation provisions to “reasonable” compensation.
Seventeenth Amendment (1964):
Further expanded the scope of land reform laws protected.
5. Abolition as a Fundamental Right
The 44th Constitutional Amendment Act, 1978 removed the Right to Property from the list of Fundamental Rights.
Article 31 was repealed.
Instead, the right was demoted to a constitutional legal right under Article 300A.
6. Article 300A: Right to Property as a Constitutional Legal Right
Article 300A states:
"No person shall be deprived of his property save by authority of law."
This means:
The State can deprive a person of property only by lawful procedure.
However, unlike a Fundamental Right, Article 300A is not enforceable in the Supreme Court under Article 32.
Instead, a remedy lies under Article 226 (High Court jurisdiction) or under ordinary civil law.
7. Legal Status of the Right to Property
It is a constitutional legal right, not a Fundamental Right.
The right guarantees that deprivation of property must be done according to law (i.e., not arbitrarily).
The law authorizing deprivation must be reasonable and not arbitrary.
Compensation or fair procedure is usually provided but is subject to legislative regulation.
8. Important Case Law on Right to Property
i. K.C. Gopalakrishnan v. State of Madras (1952)
The Supreme Court held that the Right to Property under Article 31 was a Fundamental Right, and deprivation must be in accordance with law and accompanied by just compensation.
ii. State of West Bengal v. Subodh Gopal Bose (1954)
The Court held that land reforms aimed at abolishing zamindari were valid exercises of State power despite affecting property rights.
iii. Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court recognized that certain fundamental rights form the "basic structure" of the Constitution.
However, Right to Property was not included in the basic structure.
iv. Maneka Gandhi v. Union of India (1978)
Post 44th Amendment, the Court held that deprivation of property under Article 300A must be just, fair, and reasonable.
Laws depriving property should meet due process standards.
v. Bela Banerjee v. Union of India (1984)
The Court reaffirmed that the Right to Property is a constitutional legal right under Article 300A.
The State's power to acquire property is limited by the requirement of law and reasonableness.
9. Right to Property Today
The Right to Property is no longer a Fundamental Right but is protected as a constitutional legal right.
The State can acquire property for public purposes by law, but the acquisition must be lawful, and the procedure must be fair.
Judicial scrutiny under Article 300A is less stringent than under Fundamental Rights.
Compensation and procedural safeguards are typically governed by statutes like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
10. Summary
| Aspect | Before 1978 (Article 31) | After 1978 (Article 300A) |
|---|---|---|
| Status | Fundamental Right | Constitutional legal right |
| Enforcement | Enforceable under Article 32 in SC | Enforceable under Article 226 in HC, civil courts |
| Protection | Deprivation only by law, with just compensation | Deprivation only by law; compensation governed by statute |
| Judicial Review | Strict scrutiny | Limited to reasonableness and legality |
| Land Reforms Impact | Hindered due to strong protection | Facilitated due to lesser protection |
Conclusion
The Right to Property in India has evolved from a fundamental right to a constitutional legal right. While the State cannot arbitrarily deprive a person of property, the degree of judicial protection has been curtailed to allow socio-economic reforms and public interest acquisitions.
This evolution balances individual property rights with the needs of the State to pursue welfare objectives.
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