Right to Property: From Fundamental Right to Legal Right

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Right to Property: From Fundamental Right to Legal Right

The Right to Property in India has undergone significant transformation, shifting from a fundamental right to a constitutional legal right. This evolution reflects the dynamic interplay between individual property rights and the state’s authority to regulate property for public welfare.

MEANING, DEFINITION & EXPLANATION

The Right to Property refers to the legal entitlement of individuals to acquire, own, and manage property. Initially enshrined as a fundamental right under Articles 19(1)(f) and 31 of the Indian Constitution, it guaranteed citizens the freedom to acquire, hold, and dispose of property, and protected against deprivation of property without lawful authority. However, the 44th Amendment Act of 1978 reclassified it as a constitutional right under Article 300A, stating that no person shall be deprived of their property except by authority of law.

HISTORICAL BACKGROUND / EVOLUTION

The journey of the Right to Property in India is marked by several constitutional amendments and landmark judgments:

Constitution (First Amendment) Act, 1951: Introduced Articles 31A and 31B to protect agrarian reform laws from judicial scrutiny, aiming to address socio-economic disparities.
Constitution (Fourth Amendment) Act, 1955: Modified the provisions related to compensation for property acquisition, limiting judicial intervention in determining compensation adequacy.
Constitution (Seventeenth Amendment) Act, 1964: Expanded the scope of Article 31A to include more categories of land reforms, further restricting property rights.
Kesavananda Bharati v. State of Kerala (1973): The Supreme Court introduced the Basic Structure Doctrine, asserting that while Parliament can amend the Constitution, it cannot alter its basic structure, including fundamental rights.
Constitution (Forty-Fourth Amendment) Act, 1978: Removed the Right to Property from the list of fundamental rights, introducing Article 300A, making it a constitutional right.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

Article 19(1)(f): Initially guaranteed citizens the right to acquire, hold, and dispose of property.
Article 31: Provided that no person shall be deprived of their property except by authority of law and mandated compensation for property acquired for public purposes.
Article 31A: Introduced to protect laws related to agrarian reforms from being challenged on the grounds of violating fundamental rights.
Article 31B: Established the Ninth Schedule, listing laws immune from judicial review concerning fundamental rights violations.
Article 300A: States that no person shall be deprived of their property save by authority of law, reclassifying the Right to Property as a constitutional right.

CASE LAWS / PRECEDENTS / OVERRULING JUDGMENTS

Kameshwar Singh v. State of Bihar (1952): Challenged the Bihar Land Reforms Act, questioning the adequacy of compensation for land acquisition. The Supreme Court upheld the Act, emphasizing the state’s authority to implement agrarian reforms.
Golaknath v. State of Punjab (1967): The Supreme Court ruled that Parliament could not amend fundamental rights, including the Right to Property. This decision led to subsequent amendments to restore parliamentary authority.
Kesavananda Bharati v. State of Kerala (1973): Established the Basic Structure Doctrine, allowing constitutional amendments without altering the Constitution’s fundamental framework.
Minerva Mills Ltd. v. Union of India (1980): The Supreme Court reaffirmed that the Constitution’s basic structure, including fundamental rights, cannot be altered by amendments.
Jilubhai Nanbhai Khachar v. State of Gujarat (1995): The Supreme Court held that the Right to Property is not part of the Constitution’s basic structure, affirming its status as a constitutional right.

DOCTRINES / THEORIES

Eminent Domain: The state’s power to acquire private property for public use, with compensation. This principle underpinned various land reform initiatives in India.
Basic Structure Doctrine: Asserts that certain fundamental features of the Constitution cannot be altered by amendments, ensuring the preservation of its core principles.

MAXIMS / PRINCIPLES

Salus Populi Suprema Lex: The welfare of the people is the supreme law. This principle justifies state intervention in property rights for public welfare.
Necessitas Publica Major Est Quam: Public necessity is greater than private necessity. It underscores the precedence of public interest over individual property rights.

AMENDMENTS / ADDITIONS / REPEALING

First Amendment Act, 1951: Added Articles 31A and 31B to protect land reform laws.
Fourth Amendment Act, 1955: Modified compensation provisions for property acquisition.
Seventeenth Amendment Act, 1964: Expanded the scope of Article 31A.
Twenty-Fifth Amendment Act, 1971: Introduced Article 31C, prioritizing certain Directive Principles over fundamental rights.
Forty-Fourth Amendment Act, 1978: Removed the Right to Property from fundamental rights, introducing Article 300A.

COMPARISON WITH OTHER COUNTRIES

United States: The Fifth Amendment ensures that private property cannot be taken for public use without just compensation, maintaining stricter safeguards for property rights compared to India.