Since the Constitution of India came into force in the 1950s, the right to property was given fundamental status. Basically, two articles Art. 31 and Art. 19(1)(f) ensures that any person’s right against his property remains protected.
In the 1950s, the Indian Constitution established the right to property as a fundamental right. Basically, both art. 31 and art. 19(1)(f) ensure that anyone’s claim on their property is protected.
Art. 31 clause (1) reads as No person shall be deprived of his property save by authority of law. It gives protection to persons against the government or State’s arbitrary action to seize private property for public use and private use. That means a person has right to move to SC in case of violation of this right.
Article 19(1)(f) provides the freedom to citizens to acquire, hold, and dispose of the property within the territory of India.
But by the Constitutional 44th Amendment act 1978, these two above mentioned articles were deleted and a new chapter IV was added in Part XII, containing only one article 300A.
In 1967, when the government forcibly took over the land, Right to Property was still a fundamental right under Article 31 of the Constitution. This changed with the 44th Constitution Amendment in 1978.
A person’s private property was made a Constitutional right under Article 300A, which requires the state to follow due procedure and authority to deprive him or her of it.
Kishan Thakkar is working as a writer for the real estate and architecture industry. His experience includes working for various reputed firms. He is currently pursuing MBA in Business Management and handling operations for The Real Talks platform. He has a penchant for research, analysis, and understanding various fields. Discipline is the key to balance his diversified interest and work routine.