Part III: Fundamental Rights

Article 31: Compulsory Acquisition of Property (Omitted):: Culture and Educational Rights

Overview of Article 31 on Compulsory Property Acquisition

Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).

Explanation

Article 31 originally provided the framework for the state's compulsory acquisition of property, balancing individual property rights with public welfare needs. Its omission in 1978, with the Forty-fourth Amendment, reclassified the right to property as a legal right under Article 300A, reflecting a shift towards prioritizing socio-economic reforms over individual property rights.

Key Aspects of Article 31 (Before Omission)

  • Right to Compensation: Initially, Article 31 mandated fair compensation for acquired property, ensuring state acquisition was just.
  • Transition to Legal Right: With its omission, property rights moved from fundamental to legal rights, allowing for progressive land reforms.

Real-Life Applications

The Forty-fourth Amendment, which removed Article 31, enabled large-scale land reforms. This change facilitated government initiatives to redistribute land and address socio-economic inequalities, as seen in various land redistribution programs in states like West Bengal and Kerala.

Article 30 Article 31A

Frequently Asked Questions (FAQs):

Why was Article 31 omitted from the Constitution?

Article 31 was omitted to enable land reforms and socio-economic policies without the limitations imposed by property rights as fundamental rights, shifting them to legal rights under Article 300A.

What replaced the right to property after Article 31’s omission?

The right to property was redefined as a legal right under Article 300A, allowing the government to prioritize public welfare over individual property claims.