Right to Property

Right to Property

Pre 44th Constitutional Post Constitutional

Amendment Amendment
 Pre 44th Constitutional
Amendment
Right to Property was included as a Fundamental Right
under Article 19(1)(f) and Article 31 in Part III of the
Constitution

Article 19(1)(f) guaranteed a right to Indian citizens to

acquire, hold and dispose of property

Article 31 provided that “No person shall be deprived

of his property save by authority of law & a just
compensation would be paid to person whose
property has been taken away by the state”
 Pre 44th Constitutional
Amendment

Right to Property as a Fundamental Right was a hurdle

for State to acquire private properties for public
purposes, for expansion of rail, roads and industries

Article 31A was inserted in the Constitution – No law

providing for the acquisition by the state of any estate
shall be void on the ground of any inconsistency with
Fundamental Rights under Article 14, 19 & 31.
 Post 44th Constitutional
Amendment

Right to Property ceased to be a Fundamental Right

Article 19(1)(f) were repealed & Article 300A was

inserted in the Constitution

Article 31C was inserted by the 25th Constitutional

Amendment which provided immunity from any
challenges on the grounds of violation of Article 14, 19
and 31
 Post 44th Constitutional
Amendment

Right to Property as Fundamental Right was

substituted as a Statutory Right

Amendment expanded power of state to acquire land

of an individual for social welfare purposes

Right to Property still enjoys Constitutional protection

and is a Constitutional right