The Right to Property has the most controversial history of any right under the Indian Constitution, representing a long struggle between land reforms and judicial protection.
1. Original Constitutional Status (1950)
Originally, the Right to Property was a Fundamental Right protected under two provisions:
- Article 19(1)(f): Granted all citizens the right to acquire, hold, and dispose of property.
- Article 31: Guaranteed that no person shall be deprived of their property save by authority of law, and mandated that any compulsory acquisition requires the payment of compensation.
2. The Conflict & The 44th Amendment, 1978
To implement land reforms and abolish the Zamindari system, the government needed to acquire massive tracts of private land. However, the Supreme Court repeatedly struck down land acquisition laws, demanding that the state pay full market value compensation.
In response, the Parliament passed the 44th Constitutional Amendment, 1978, which:
- Permanently deleted Article 19(1)(f) and Article 31 from Part III of the Constitution.
- Inserted Article 300-A in Part XII, establishing the Right to Property as a Constitutional / Legal Right: "No person shall be deprived of his property save by authority of law."
3. Current Status of Property Rights
Today, the Right to Property is no longer a Fundamental Right. If the State deprives you of your land under the authority of a valid law for a public purpose, you cannot file a writ under Article 32. However, the State must still act under a valid law, and cannot seize property arbitrarily.