Evolution and Current Position of the Right to Property in India
When the Constitution was adopted in 1950, the Right to Property was considered a fundamental right under Article 31.This provided citizens with the r
The Right to Property in India has undergone significant changes over the years, particularly through constitutional amendments. Here's a detailed overview of its present position: 1. Initial Position (Under Article 31) When the Constitution was adopted in 1950, the Right to Property was considered a fundamental right under Article 31 . This provided citizens with the right to move the courts if their property was being taken away by the state without due compensation. The government could acquire private property for public purposes, but it had to offer fair compensation. However, the property could be forcibly acquired in certain circumstances. 2. The 44th Amendment (1978) The 44th Constitutional Amendment Act of 1978 significantly curtailed the scope of the Right to Property. It removed the Right to Property from the list of fundamental rights under Article 31 and moved it to Article 300A under the category of legal rights . Article 300A now states: "No person shall be deprived of…