Right to Property in the Indian Constitution

The Right to Property in the Indian Constitution has undergone significant changes since its inception. Here's a brief overview of its journey:

Pre-Constitution Era (Before 1950)

In the British era, property rights were governed by various laws, including the Transfer of Property Act, 1882, and the Indian Succession Act, 1925. These laws provided limited protection to property owners.

Constitution of India (1950)

The Constitution of India, adopted on January 26, 1950, initially included the Right to Property as a fundamental right under Article 31. This article guaranteed that no person would be deprived of their property except by authority of law.

First Amendment (1951)

The First Amendment to the Constitution, enacted in 1951, added a proviso to Article 31, allowing the state to acquire property for public purposes, provided fair compensation was paid.

Fourth Amendment (1955)

The Fourth Amendment, enacted in 1955, further diluted the Right to Property by adding a new clause to Article 31, which allowed the state to acquire property for public purposes without providing compensation.

Twenty-Fifth Amendment (1971)

The Twenty-Fifth Amendment, enacted in 1971, deleted the word "compensation" from Article 31 and replaced it with "amount" to be determined by the state. This amendment effectively gave the state greater power to acquire property without providing fair compensation.

Forty-Fourth Amendment (1978)

The Forty-Fourth Amendment, enacted in 1978, deleted Article 19(1)(f) and Article 31 from Part III of the Constitution, which dealt with fundamental rights. The Right to Property was no longer a fundamental right.

Insertion of Article 300A (1978)

The Forty-Fourth Amendment also inserted a new article, Article 300A, which provided that no person would be deprived of their property except by authority of law. However, this article did not provide the same level of protection as the original Article 31.

Current Status (Post-1978)

Today, the Right to Property is no longer a fundamental right in India. However, it is still a constitutional right under Article 300A, which provides limited protection to property owners. The state can still acquire property for public purposes, but it must follow the due process of law and provide fair compensation.