Right to Property: Is it a fundamental right?

We Indians have a weird attachment to the word property, don't we? We talk about how rich we would have been if only we bought that property in the early 90s. Our conversation revolves around buying and owning a piece of land or a house, or multiple ones.

But are we aware of the laws that govern this topic? What exactly is the right to property? Is it a fundamental right? Constitutional right? Human right? Let's find out!

What does the term 'property' mean?

As per Indian laws, the property has been defined differently in different acts. Property is a vast concept and covers movable or immovable property, tangible or intangible property, private or public property, corporeal or incorporeal property, etc. We are only concerned with the term property mentioned in the Constitution of India.

Right to Property under the Constitution

The Constitution of India guarantees fundamental rights to its citizens. One fundamental right enshrined in the Constitution is the property right. However, constitutional amendments and judicial interpretations have significantly changed the right to property over the years.

Historical Evolution

Under Article 19(1)(f) of the Constitution, the right to property was acknowledged as a basic right at the time of India's independence. It safeguarded a person's ability to obtain, keep, and dispose of property. The First Amendment was introduced in 1951 by the Constitution's writers, who understood the need for social fairness and land reform. The amendment added Articles 31A and 31B to restrict the right to property.

The 44th Amendment

The 44th Amendment Act of 1978 was the amendment that had the most significant impact on the right to property. The status of the right to property from a fundamental right to a legal one was under Article 300A. The amendment sought to find a balance between a person's right to their property and the State's power to seize property for the benefit of the public.

The doctrine of eminent domain and the right to property

The doctrine of eminent domain gives the Government the right to take private property and use it for public purposes or to advance the public's welfare. It is based on Article 300A of the Indian Constitution, which establishes a right to property.

In India, the Land Acquisition Act 2013 is mainly responsible for regulating the doctrine of eminent domain. The Act outlines the processes and mechanisms for compensation that must be followed when the Government acquires land.

Right to Property: the Current Status

Under Article 300A, the right to property is no longer a fundamental right but a constitutional right that can be enforced through a legal remedy. It states that no person shall be deprived of their property except by the authority of law. This provision ensures that any property acquired by the State must be just and fair.

The State can acquire private property for various purposes, including land reforms, urban planning, infrastructure development, and national security. However, such acquisition must be accompanied by just compensation, fair procedures, and for public purpose.

Judicial Interpretations

The right to property has been the focus of several legal disputes and judicial interpretations over the years. The Supreme Court has been defining the parameters of this right, ensuring that the eminent domain authority is not abused and that people are fairly compensated for the loss of their land. Let's look at some of the important judgments on the right to property!

• P.T. Munichikkanna Reddy and Ors v. Revamma and Ors, 2007: In this case, the Supreme Court observed that the right to property is not just a Constitutional or statutory right but also a human right.

• Vidya Devi vs State of Himachal Pradesh, 2020: In this case, the Supreme Court, citing Article 300A, held that no person should be dispossessed of his property except by the authority of law. The State may only take away a citizen's property if a legal process is followed.

• Bajranga v. State of Madhya Pradesh, 2021: In this recent case, the Supreme Court reiterated that the right to property is still a Constitutional right under the Constitution of India. In this case, the State of Madhya Pradesh took possession of surplus land when no extra land was available. 

Conclusion

The right to property in India has evolved significantly since the country's independence. While it was initially recognized as a fundamental right, subsequent constitutional amendments redefined its status as a legal right. The current framework balances individual property rights and the State's authority to acquire property for public welfare. The Constitution guarantees just compensation and fair procedures to ensure that the State's power of eminent domain is exercised judiciously.

FAQs on Right to property under Constitution

Q.1 Is the right to property a fundamental right?

Ans. No, the right to property is no more a fundamental right, it is a constitutional right.

Q.2 What is the doctrine of eminent domain?

Ans.: The doctrine of eminent domain means that the State can acquire private property without the owner's consent but only for public purposes and only after providing compensation.

Q.3 What is Article 300A? 

Ans. Article 300A deals with the right to property and states that no person shall be deprived of his property save by authority of law.

Q.4 Why was the Right to Property under Article 19 (1) (f) removed?

Ans. The right to property was removed from the list of fundamental rights because it created a lot of issues in achieving the Constitutional goal of socialism and equitable distribution of property.