RIGHT TO PROPERTY AND THE

CONSTITUTION OF INDIA
KUMARAPPAN M,

STUDENT, B.COM,LL.B(HONS.),

SASTRA DEEMED TO BE UNIVERSITY.

ABSTRACT
The Constitution of India initially granted the Right to Property as a fundamental right under
Article 19(1)(f) and Article 31. However, the 44th Amendment in 1978 repealed these rights,
introducing Article 300A and amending Articles 31A, 31B, and 31C. Article 19(1)(f)
emphasized an individual's right to acquire, hold, and dispose of property, while Article 31
protected against deprivation except by lawful authority.

Post-amendment, Article 300A states that no person shall be deprived of property except by
authority of law. The 44th Amendment removed the right to property as a fundamental right,
allowing regulation through ordinary laws. The legal right to property does not protect
against legislative action, and violations must be addressed in the High Court under Article
226.

While the fundamental right to property under Part III was abolished, Articles 30 and 31A
still provide compensation guarantees in specific cases. Agrarian reforms drove the abolition,
aiming to redistribute surplus lands among the landless. Articles 31A, 31B, 31C, and 300A
now govern the right to property, protecting against arbitrary deprivation.

Article 31A safeguards laws related to land reforms from challenges based on violation of
fundamental rights. Article 31B protects Acts in the Ninth Schedule from being void on the
grounds of inconsistency with Part III rights. Article 31C empowers Parliament and State
Legislatures to enact laws securing directive principles without challenge under Article 14
and 19.

The 44th Amendment clarified that laws added to the Ninth Schedule after April 24, 1973, are
subject to judicial review. Article 31C, introduced by the 25th Amendment, safeguards laws
implementing directive principles from being void due to contravention of fundamental
rights.

Further amendments, such as the First, Fourth, Twenty-Fifth, and Forty-Fourth, refined
aspects like compensation and legislative protection. The Forty-Fourth Amendment in 1978
deleted Article 31 along with Article 19(1)(f), making the right to property a legal right under
Article 300A.

Eminent domain, akin to the power of taxation, allows the state to take private property for
public purposes upon just compensation. Overall, the evolution of property rights in India
reflects a balance between individual rights and societal welfare.
Keywords:
Right to Property,Fundamental Rights, 44th Amendment Article 300A, Articles 31A, 31B,
31C,Article 19(1)(f) ,Agrarian Reforms, Ninth Schedule, Judicial Review,25th Amendment

Introduction
The evolution of the right to property in the Indian Constitution reflects a transformative
journey from being a fundamental right under Article 19(1)(f) and Article 31 to its subsequent
repeal through the 44th Amendment in 1978. This transition gave rise to new provisions such
as Article 300A, 31A, 31B, and 31C, shaping the legal landscape surrounding property rights.
This shift was driven by the imperatives of agrarian reforms, social justice, and the
redistribution of resources. In this context, we explore the key amendments and their
implications on the right to property.

• Under the constitution of India, the framer of constitution has provided Right to Property as
a fundamental rights.
• That was provided in two facets
1. Article 19(1)(f)
2. Article 31
After 44th Amendment 1978, these rights were repealed and the right is available under
Article 300A, 31A, 31B, 31C.

• Article 19(1)(f) reads as “Every individual is having fundamental right to acquire, holds,
and to dispose of his property”
• Article 31 reads as “No person shall be deprived of his property, save by authority of law”
But this was repealed by the 44th Amendment in the year 1978.
The concepts which were found in the above articles were taken from the said category and a
new article
namely 300A has been newly created and inserted and has no place in part III of the
Constitution.
Article 300A reads as follow
“No person shall be deprived of his property, save by authority of law”

Article 31
• Originally, the right to property was one of the seven fundamental rights under Part III of
the Constitution. It was dealt by Article 19(1)(F) and Article 31.
• It empowered the State to acquire or requisition the property of a person on two conditions:
a. It should be for public purpose
b. It should provide for payment of compensation(amount) to the owner.
• Therefore, the 44th Amendment Act of 1978 abolished the right to property as a
Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III

• The right to property as a legal right (as distinct from the Fundamental Rights) has the
following implications:
a. It can be regulated ie, curtailed, abridged or modification without constitutional
amendment by an ordinary law of the Parliament.
b. It protects private property against executive action but not against legislative action.
c. In case of violation, the aggrieved person cannot directly move the Supreme Court under
Article 32 (right to constitutional remedies including writs) for its enforcement. He can move
the High Court under Article 226.

d. No guaranteed right to compensation in case of acquisition or requisition of the private

property by the state.
• Though the Fundamental Right to property under Part III has been abolished, the Part III
still carries two provisions which provides for the guaranteed right to compensation in case of
acquisition or requisition of the private property by the state.
a. When the State acquires the property of a minority educational institution (Article 30).
[44th Amendments Act 1978]
b. When the State acquires the land held by a person under his personal cultivation and the
land is within the statutory ceiling limits (Article 31 A).[17th Amendments Act 1964]

REASONS FOR THE ABOLITION OF RIGHT TO PROPERTY AS A

FUNDAMENTAL RIGHT
• The agrarian reforms, were the foremost and immediate objectives of the Central and State
Governments in their planning immediately after attaining Independence.
• So a series of legislation were enacted in order to sub serve the common good, increase
agricultural production and to promote social and economic justice.
• The land reforms involve ceiling on land holdings, abolition of Zamindaries, protection of
tenants and conferment of occupancy rights.
• Further the Governments have wanted to redistribute the surplus lands among landless.

Articles 31A, 31B, 31C and 300A are existing Articles relating to right to property.
•Under Article 31A, that no law providing for acquisition of any 'estate' or any right therein
extinguishment or modification of any such rights shall be deemed to be void on the ground
that it is inconsistent with or takes away or abridges any of right conferred by article 14 or 19
of the constitution
• Article 31B provides that none of the acts and regulations mentioned in the ninth schedule
to the constitution shall be deemed to be void on the ground that they are inconsistent with
any of the rights conferred by part III of the constitution
• Article 31C empowers Parliament as well as State Legislatures to enact laws towards
securing the directive principles of state policy specified in Article 39(b) and (c) of the
constitution and such laws cannot be challenged on the grounds that they are violate Article
14 and 19 of the constitution
•Article 300A of the Constitution, says that “No person shall be deprived of his property save
by authority of law”

Article 31 A(First constitutional amendment 1951)

o Article 31A says that no law providing for acquisition of any 'estate' or any right
therein extinguishment or modification of any such rights, shall be deemed to be void
on the ground that it is inconsistent with or takes away or abdriges any of rights
conferred by Articles 14 or 19 of the Constitution.
o This Article was originally inserted by the First Amendment with retrospective effect
and was further amended by the Fourth, Seventh and Forty-fourth Amendments.
Saving of Laws providing for Acquisition of Estates, etc.
Saving of Laws providing for Acquisition of Estates, etc.
Article 31A saves five categories of laws from being challenged and invalidated on the
ground of contravention of the fundamental rights conferred by Article 14 (equality before
law and equal protection of laws) and Article 19 (protection of six rights in respect of Speech,
assembly, movement, etc.).
They are related to agricultural land reforms, industry and commerce
o The object of this Article is not only to validate acquisition of Zamindaries or
abolition of Permanent Settlement without interference from Courts but also to protect
social welfare
o Legislations.
o Agrarian reforms will include provision for the development of rural economy,
encouragement self cultivation, equitable distribution of lands, transfer of surplus land
to the village Panchayat for the use of general community, settlement of agricultural
labour and so on.

PROVISOS
There are two provisos under this Article 31A.
The first proviso says that the protection of Article 31A (1) shall not apply to a law made by a
State Legislature unless it has been reserved for the President's consideration and has
received his assent.
The second proviso was inserted by the Seventh Amendment. It prescribes payment of
compensation at the market value where cultivable land is acquired by the State provided
such land is within the ceiling limit. The purpose of this proviso seems to be that a farmer
who is cultivating land personally and within the ceiling limit should not be deprived of that
property unless compensation at market rate is given (Bhagat Ram vs. State of Punjab1.

Article 31B

Validation of Certain Acts and Regulations

Article 31B saves the acts and regulations included in the Ninth Schedule from being
challenged and invalidated on the ground of contravention of any of the fundamental rights.
(New schedule was made) (court cannot intervene)

o Article 31B provides that none of the Acts and Regulations specified in the Ninth
Schedule to the Constitution, shall be deemed to be void on the ground that they are
inconsistent with any of the rights conferred by the part Ill of the Constitution. This
Article was inserted by the Constitution (First Amendment) Act, 1951.
o This provision immunizes the various pieces of Legislations included in the Ninth
Schedule from an attack on the ground of their nonconformity with any of the
fundamental rights. No Act mentioned in the Ninth Schedule can be invalidated on the
ground of its violation of any other fundamental right (State of Bihar vs. Kameshwar
Singh2)
o The object and purpose of introducing Articles 31A and 31B was to protect agrarian
reforms from invalidation. Article 31A saves laws enacted to implement the objects
set out in Clause (1) thereof from attack under Articles 14 and 19.

1
Bhagat Ram vs. State of Punjab (AIR 1967 SC 927).

2
State of Bihar vs. Kameshwar Singh (AIR 1952 SC 252)
 o Article 31B protects Statutes included in the Ninth Schedule from any of the
provisions of part III. A Statute which has been included in the Ninth Schedule and is
also covered by Article 31A will thus be protected from any challenge that it violates
the provisions of Part III.
For Article 31B, there has to be a Constitutional Amendment to include a legislation in the
Ninth Schedule.
• The First Amendment which added the Ninth Schedule initially had 13
Acts mainly pertaining to land reforms. Subsequently and contrary to the earlier intention,
several more Acts (not connected with agrarian reforms) were added from time to time.
• However, in a significant judgement delivered in I.R. Coelho3 (2007), the SC ruled that
there could not be any blanket immunity from judicial review of laws included in the Ninth
Schedule.
o It said that the laws placed under the Ninth schedule after April 24, 1973, are open to
challenge in court if they violated fundamentals rights guaranteed under Articles 14,
15, 19 and 21 or the 'basic structure' of the constitution.
o It was on April 24, 1973, that the SC first propounded the doctrine of
"basic structure' or 'basic features' of the constitution in its landmark verdict in the
Kesavananda Bharati4case
• The Supreme Court held that all Acts and Regulations included in the ninth schedule prior
to 24th April, 1973 (the date on which the Kesavananda Bharati4 judgment was delivered)
will receive full protection of Article 318. All Acts and Regulations which were added to the
Ninth Schedule after this date will be valid only if they do not damage or destroy the basic
structure of the Constitution (Waman Rao vs. Union of India5.)

• While Article 31A protects law of particular category only, Article 318 empowers.
Parliament to include such laws as it thinks fit (Waman Rao vs. Union of India5). This view
virtually enables Parliament to pass any law and include it in the Ninth Schedule and
completely insulate that enactment from judicial review on the ground that it violates the
fundamental rights contained in part III.

Article 31C

• Saving of Laws giving effect to Certain Directive Principles

Article 31C, as inserted by the 25th Amendment Act of 1971, contained the following two
provisions:

No law that seeks to implement the socialistic directive principles specified in Article 39 (b)
or (c) shall be void on the ground of contravention of the fundamental rights conferred by
Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six
rights in respect of speech, assembly, movement, etc.)[Bank Nationalization case]

Article 39(b) that the ownership and control of the material resources of the community are
so distributed as best to subserve the common good;

3
Ir Coelho v State of Tamil nadu (AIR 2007 SC 861)
4
Kesavananda bharati v state of Kerala (AIR 1973 SC 1461)
5
Waman Rao vs. Union of India(AIR 1981 SC 271.)
(c) that the operation of the economic system does not result in the

concentration of wealth and means of production to the common

detriment."

o • In the Kesavananda Bharati case6 (1979), this provision of Article 31C was held to
be constitutional and valid.
o The 42"d Amendment Act (1976) extended the scope of the above first provision of
Article 31C by including within its protection any law to implement any of the
directive principles specified in Part IV of the Constitution and not merely in Article
39 (b) or (c).
o However, this extention was declared as unconstitutional and invalid by the SC in the
Minerva Mills case7 (1980)

Changes introduced under Article 31

• Originally Article 31 consisted of six clauses. Article 31(1) said that 'no person shall be
deprived of his property save by authority of law.
Clause(2) was with respect to payment of compensation and clause 5 was saving clause.

First Amendment
• The Article 31A and 31B were inserted by the First Amendment of the Constitution in the
year 1951
• The purpose of protecting various land legislation from attack on the ground that they
violated articles 14,19 or 31,the Article 31A was introduced
• Article 31B protects legislations included in the Ninth Schedule from challenge because
they were inconsistent with or took away some of the fundamental rights.
• Article 31B protects legislations included in the Ninth Schedule from challenge because
they were inconsistent with or took away some of the fundamental rights.

Fourth Amendment
o In the year 1955, the Constitution(Fourth Amendment) Act, 1955, substituted clause
2. It also inserted clause 2A in Article 31. The result of the Amendment was to make
the adequacy of Compensation non-justiciable.
o Clause 2A made it clear that the obligation to pay compensation would arise only on
the transfer of ownership or possession to the state or a state owned or controlled
corporation.

TWENTY FIFTH AMENDMENT

• Once again the right to property was amended in the year 1971 which came into force on
20th April, 1972. This Twenty-Fifth Amendment again Substituted Clause (2) and also
inserted Clause (2B). It also inserted Article 31C. This amendment was to overcome the
decision in Cooper, R. C. vs. Union of India8 (the Bank Nationalisation case).
In this case the Supreme Court held that the compensation had to be a just equivalent in
money the property compulsorily acquired.

6
Kesavananda bharati v state of Kerala (AIR 1973 SC 1461)
7
Minerva mills v Union of india (AIR 1980 SC 1789)
8
Cooper, R. C. vs. Union of India (AIR 1970 SC 564)
The Statement of Objects and Reasons for the Constitution (Twenty-fifth Amendment) Act,
1971 says "Article 31 of the Constitution as it stands specifically provides that no law
providing for the compulsory acquisition or requisitioning of property which either fixes the
amount of compensation or specifies the principles on which and the manner in which the
compensation is to be determined and given shall be called in question in any Court on the
ground that the compensation provided by that law is not adequate.

oIn the Bank Nationalisation case9, the Supreme Court has held that the Constitution
guarantees the right to compensation, that is the equivalent in money of the property
compulsorily acquired.
o Thus in effect, the adequacy of compensation and the relevancy of the principles laid
down by the Legislature for determining the amount of compensation have virtually
become justiciable in as much as the Court can go into the question whether the
amount paid to the owner of the property is what may be regarded reasonably as
compensation for loss of property. In the same case, the Court has also held that a law
that seeks to acquire of requisition property for a public purpose should also satisfy
the requirements of Article 19 (1) (f).
o The Twenty Fifth Amendment omitted the word "compensation" and replaced by the
word "amount"
• This Amendment introduced a new Article 31C which empowered
Parliament as well as State Legislatures to enact laws toward securing the Directive
Principles contained in Clauses (b) and (c) of Article 39.
The validity of the Twenty-Fifth Amendment was challenged and it was upheld in
Kesavananda Bharati vs. State of Kerala10.

FORTY-FOURTH AMENDMENT
• Finally, in the year 1978, the Constitution (Forty-Fourth Amendment)
Ac 1978 deleted Article 31 along with Article 19 (1) (f) and made the right property as only a
legal right and not as a fundamental right.
The right property was inserted as Article 300A which reproduced the wording as were under
Article 31.
• Now the Articles 31A, 31B, 31C and 300A are the existing provision regarding right to
property, after all these amendments.

Eminent Domain Conclusion

o The State has the sovereign right to take private property for public purposes. This
power is known as eminent domain. It is like the power of taxation, an offspring of
political necessity.
o The eminent domain is the power of the sovereign to take property for public use
without the owner's consent upon making just compensation.
o The taking of property is thus subject to the payment of just compensation.
o Entry 42 of List III of the Constitution of India deals with the
"Acquisition and requisitioning of property".

9
Cooper, R. C. vs. Union of India (AIR 1970 SC 564)

10
Kesavananda bharati v state of Kerala (AIR 1973 SC 1461)
• Under Indian law also the State can take property for a public purpose and for compensation
(State of Bihar vs Kameshwar Singh11).

Conclusion::
In conclusion, the constitutional journey of the right to property in India underscores a
delicate balance between individual rights and societal welfare. The amendments, especially
the 44th Amendment, redefined property rights, emphasizing the broader principles of social
justice and equitable distribution. While the fundamental right to property may no longer
exist, the legal right remains subject to legislative action, reflecting the evolving priorities of
the nation. Understanding this evolution is crucial for comprehending the complex interplay
between individual rights and the broader goals of a just and equitable society.

Reference material

Constitutional Law of india (Author: Dr.J.N. Pandey) 58th Edition

iPleaders

Legal Service India

https://www.legalserviceindia.com

Wikipedia

Online
https://www.scconline.com
SCC Online

https://ijtr.nic.in/
Manupatra

https://prepp.in/

11
State of Bihar vs. Kameshwar Singh (AIR 1952 SC 252)