This article has been written by Ms. Aadya Sharma, a 3^rd year BBA.LLB (Hons) student from Shri Ramswaroop Memorial University, Lucknow.

INTRODUCTION

The Indian Constitution guarantees the fundamental right to property. Article 19(1)(f) of Indian Constitution declares that every citizen has the right to acquire, keep, and dispose of property. This freedom is not unrestricted, and the state may set reasonable limitations in the public’s best interests. The right to property was a fundamental right until the Government of India started facing issues to acquire immovable properties in the public interest. As a result, in 1978, it was no longer recognised as a fundamental right but was nevertheless recognised as a human right. Accordingly, no one’s property may be taken without a court order, and if private property is taken, no right to compensation will be assured.

Since India’s independence, the legal system has undergone substantial changes that have affected the right to property. Initially, the right was seen as a sacred and untouchable component of individual freedom. But as time has gone on, the courts have used this right in a more nuanced way, understanding the value of striking a balance between private rights and societal requirements. The right to property is acknowledged in the Indian Constitution as a crucial component of personal liberty and autonomy. Additionally, it recognises that there are times when government action is necessary, such as when working to advance economic growth and general welfare. 

In some respects, the right to property may be regarded as a fundamental human right. It is a very divisive topic that concerns many nations, especially the European Union. The right to property was downgraded to merely a constitutional right by the 44th amendment to the Indian Constitution, which is outlined in Article 300(A). The right to property under the Indian Constitution has a special history that might be characterised as a protracted conflict of provisions between India’s legislature and the judiciary, despite the fact that it may appear to be uncomplicated. 

HISTORICAL EVOLUTION OF RIGHT TO PROPERTY

A variety of political, economic, and social variables have influenced the historical development of the right to property, making it a complicated and varied process. The idea of property rights has been around for a very long time, and different civilizations and cultures recognise different kinds of property ownership.

Before British colonial rule, in India, the majority of property rights were governed by customary laws and religious customs. The idea of private property was brought to India by the British and later codified in the Indian Constitution. However, the British also implemented a land revenue system, which led to the eviction of numerous minor landowners. 

After independence, Article 19(1)(f) of the Indian Constitution declared the right to property to be a fundamental right. This freedom was regarded as essential to fostering individual liberty and economic growth. However, the Constitution also acknowledged that there are times when the necessity for government action is necessary, such as when trying to advance economic growth and the general well-being of the populace.

The Indian legal system has seen substantial changes over time on the right to property. The right to property was removed from the list of fundamental rights in 1978 and given legal status instead. This change was established in reaction to growing worries about the abuse of the property right, especially when large landowners were impeding development plans.

In the early twenty-first century, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013 was passed, further amending the property right. This law aims to strengthen landowner protections and advance an equal and open land purchase process.

The right to property in India still faces several obstacles notwithstanding these advances. The clash between private property owners’ rights and societal demands is one of the main difficulties. When the state wants to buy land for the purpose of economic growth, this issue is more intense.

A further difficulty is the escalating issue of land grabs and property disputes. Land grabbing is the illegal purchase of land by people or groups, frequently using force. In India, battles over property are very frequent, especially when there is doubt about who owns the property.

THE INDIAN CONSTITUTION AND THE RIGHT TO PROPERTY

According to Article 19(1) (f) of the Indian Constitution, the right to property is recognised as a fundamental right, A critical component of individual liberty and economic growth is the right to property. This freedom is not unrestricted, and the state may set reasonable restrictions in the public’s best interests.

Few constraints on the right to property existed in the early years following independence. But as the Indian government worked to advance social welfare and economic growth, governmental interference in property rights became more and more necessary. The freedom to own property was subsequently restricted as a result of numerous laws and rules.

The Land Acquisition Act, which permitted the state to purchase land for public purposes, was one of the most important legislations that had an impact on the right to property. This law, however, has come under fire for failing to adequately compensate landowners and for failing to consider the social and economic effects of land acquisition.

The Constitution was amended in 1978 to remove the right to property from the list of fundamental rights and categorise it as a legal right in response to these worries. This change was established in reaction to growing worries about the abuse of the property right, especially when large landowners were impeding development plans.

The right to property is still a significant component of Indian law, even after the amendment. Eminent domain gives the government the authority to take private property for public purpose. The owner must, however, receive just compensation from the state for the property’s purchase.

The state also has the authority to control how property is used and developed in order to advance economic growth and general well-being. As a result, a number of laws and regulations that aim to control the use and development of real estate have been introduced, including the Urban Land Ceiling Act and the Rent Control Act.

CASE LAWS

• Kesavananda Bharati v. State of Kerala (1973): In terms of the Indian right to property, this is one of the most significant cases. The Supreme Court ruled in this decision that the right to property is not absolute and is subject to reasonable restrictions. The court further ruled that the right to property is not a fundamental component of the Constitution and that it is subject to amendment by the Parliament.
• Olga Tellis v. Bombay Municipal Corporation (1985): The Supreme Court ruled in this case that the right to a livelihood is a component of the right to life protected by Article 21 of the Constitution. The court also ruled that while the state can restrict a person’s ability to own property, the restrictions must be reasonable and cannot deny a person their ability to support themselves.
• Indra Sawhney v. Union of India (1992): In this case, the Supreme Court maintained the constitutionality of the land reservation for Scheduled Castes and Scheduled Tribes. According to the court, making such a reservation is a legal use of the state’s authority to purchase land for public purposes and to advance social justice.
• Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court held that the right to property is a fundamental right and cannot be deprived without the due process of law. The court further declared that the right to compensation in case of property deprivation is part of the right to property.

CONCLUSION

In conclusion, the Indian Constitution recognises the right to property as a fundamental right and as a vital component of personal freedom and economic growth. Nonetheless, in the interest of the general public, the state may reasonably put restrictions on this freedom. The Indian government has passed numerous laws and rules over the years to control property rights and advance social welfare and economic development. The right to property has also been the focus of a number of important court cases that have influenced how Indian law is interpreted and applied. The right to property has faced challenges, but it continues to be a crucial component of Indian law and a fundamental right that is guaranteed by the Constitution.

REFERENCES

1. Article 19(1)(f) of Constitution of India, 1950.
2. Article 21 of Constitution of India, 1950.
3. Article 300(A) of Constitution of India, 1950,
4. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013
5. Dr. J.N. PANDEY’S CONSTITUTIONAL LAW OF INDIA: FIFTY EIGHTH EDITION.
6. Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
7. Maneka Gandhi v. Union of India, AIR 1978 SC 597.
8. Olga Tellis v. Bombay Municipal Corporation AIR1985 SCR (3) 545
9. Indra Sawhney v. Union of India AIR 1992 Supp (3) SCC 217
10. https://prepp.in/news/e-492-right-to-property-indian-polity-notes
11. https://blog.ipleaders.in/right-property-constitutional-right/
12. Namita Wahi, ‘The Fundamental Right to Property in the Indian Constitution’, (SSRN Papers, 10 August 2015) <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2661212> 

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