🏛️ Right to Property: From Fundamental Right to Legal Right
🏛️ Right to Property: From Fundamental Right to Legal Right
🔁 What was the original position?
• In the original Constitution (1950), the Right to Property was a Fundamental Right.
• It was included under:
• Article 19(1)(f) – Right to acquire, hold and dispose of property.
• Article 31 – Protection from deprivation of property without authority of law and compensation.
❌ Removal as a Fundamental Right – 44th Constitutional Amendment (1978)
➡️ Through the 44th Amendment Act, 1978:
• Article 19(1)(f) and Article 31 were deleted.
• A new Article – 300A was added under Part XII of the Constitution.
• Right to Property became a Legal Right, not a Fundamental Right.
⚖️ Current Provision: Article 300A (Right to Property as a Legal Right)
“No person shall be deprived of his property save by authority of law.”
🔎 Meaning:
• You can’t be deprived of your property unless it is done according to a law made by the government.
• The right is no longer enforceable under Article 32 (Fundamental Rights enforcement).
• It is not protected by the Constitution in the same way as other fundamental rights.
🆚 Key Differences: Fundamental Right vs Legal Right
As a Fundamental Right (Before 1978) As a Legal Right (Now)
Protected under Part III of the Constitution Protected under Article 300A (Part XII)
Could directly approach Supreme Court under Article 32 Cannot approach Supreme Court directly
Strong protection; state could not acquire property without proper compensation State can acquire property if there’s a valid law and due process
Constitutional remedy available Only legal remedy available (via High Courts or lower courts)
📜 Relevant Law Today:
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
• Ensures that if the government acquires land, it provides fair compensation, rehabilitation, and transparency.
📌 Conclusion:
• The Right to Property is no longer a Fundamental Right in India.
• It is now a Legal Right under Article 300A.
• It can be enforced through civil courts or High Courts, but not through Article 32 in the Supreme Court.
• The government can acquire your property through proper legal procedures and must provide compensation.
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