Introduction

The right to property in India has undergone a major change over time. Originally, it was a fundamental right, but after 1978, it was removed from that status. Today, it exists as a constitutional legal right under Article 300A.

Meaning / Definition

The right to property refers to the right of a person to own, use, and dispose of property.

Before 1978, this right was protected as a fundamental right under the Constitution. After the 44th Constitutional Amendment, it is no longer a fundamental right but a constitutional legal right, meaning a person cannot be deprived of property except by authority of law.

Modes or Types

Position before 1978 (Fundamental Right)

• The right to property was guaranteed under:
  • Article 19(1)(f): Right to acquire, hold, and dispose of property
  • Article 31: Right to compensation when property was taken by the State
• The State could impose reasonable restrictions in public interest under Article 19(5).
• This created a balance between individual rights and State power (Eminent Domain – power of the State to take private property for public use).

Changes through Constitutional Amendments

• Articles 31A, 31B, and 31C were added to protect land reform laws and social welfare measures.
• These provisions limited the right to property to allow the State to implement reforms.
• They reflected the shift towards giving priority to social welfare over individual property rights.

Present Position (After 44th Amendment, 1978)

• Article 19(1)(f) and Article 31 were removed.
• Article 300A was introduced:
  • “No person shall be deprived of his property except by authority of law.”
• The right to property is now a constitutional legal right, not a fundamental right.
• The State has wider powers to acquire property for public purposes, but it must follow due process (proper legal procedure).

Distinction / Comparison

Before 1978 vs Present Position

• Nature of Right

  • Before 1978: Fundamental Right
  • Present: Constitutional Legal Right

• Legal Protection

  • Before 1978: Directly enforceable in Supreme Court under Article 32
  • Present: Cannot directly approach Supreme Court under Article 32

• Compensation

  • Before 1978: Right to compensation was a fundamental right
  • Present: Compensation depends on the law made by the State

• State Power

  • Before 1978: Limited by fundamental rights
  • Present: Wider power for social welfare and land acquisition

Practical Example

If the government acquires private land to build a highway:

• Before 1978: The owner could challenge the action as a violation of fundamental rights and demand fair compensation.
• Present: The owner can challenge only if the law is not followed properly, but cannot claim it as a violation of a fundamental right.

Summary

• The right to property was originally a fundamental right under Articles 19(1)(f) and 31.
• It ensured both ownership and compensation for acquisition.
• Several amendments reduced its strength to promote social welfare.
• The 44th Amendment (1978) removed it as a fundamental right.
• Article 300A now protects it as a constitutional legal right.
• A person can be deprived of property only by authority of law.
• The change increased State power but reduced individual protection.