The Right to Property in India

Abstract

This research paper talks about the right to property in India which was enshrined as one of the Fundamental rights by the constituent assembly at the commencement of the constitution in 1950 with certain limitations. The assembly aimed to guarantee rights such as liberty, equality as well as property, basing it upon its goal to get social and economic transformation resulting through land reforms and redistribution of resources. The Constitution 44th Amendment Act, 1978, deleted the right to property from its fundamental right-character, and adorned it with status of Constitutional/legal right. Articles 19(1) (f) and 31 were deleted from the Part III of Fundamental Rights and only a fraction in the form of Art. 300 A which corresponds to Art. 31(1) only, has been inserted in Part XII under a separate Chapter V Right to Property. Art. 300A is not a basic feature or structure of the Constitution. It is only a Constitutional right. The right has become of the most debated topics by the Indian legislature as well as by the judiciary.