Part XII: Finance, Property, Contracts and Suits

Article 300A: Protection of Right to Property

Original Article:

No person shall be deprived of his property save by authority of law.

Explanations:

Article 300A of the Indian Constitution guarantees a constitutional right to property. It states that no individual can be deprived of their property except by the authority of law. This Article, introduced by the 44th Amendment Act, 1978, replaced the earlier fundamental right to property under Articles 19(1)(f) and 31, ensuring a balance between individual property rights and the state’s socio-economic objectives.

Key Provisions:

No Deprivation of Property Except by Law:

Under Article 300A, any acquisition, requisition, or deprivation of property by the state must be backed by legal authority. This ensures that the government follows due process, protecting citizens from arbitrary actions.

Real-Life Examples:

For instance, land acquisitions for public infrastructure projects like highways must follow laws such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, ensuring fair compensation and lawful acquisition.

Amendments:

Article 300A was introduced through the Constitution (Forty-fourth Amendment) Act, 1978, to replace the fundamental right to property with a constitutional right. This change aimed to provide greater flexibility for land reforms and socio-economic development.

Historical Significance:

By downgrading the Right to Property from a fundamental to a constitutional right, the 44th Amendment enabled the state to implement land reforms and equitable redistribution while maintaining safeguards against arbitrary property deprivation.

Debates and Deliberations:

During the discussions on the 44th Amendment, members debated the implications of downgrading the Right to Property. Proponents argued that making it a constitutional right would facilitate land reforms and ensure equitable distribution, critical for social justice.

Dr. B.R. Ambedkar’s earlier discussions on property rights highlighted that while individual property rights are important, they must not impede public welfare. Critics, however, voiced concerns about potential misuse by the state, emphasizing the need for strict laws to prevent arbitrary deprivation.

References:

• Constitution of India: Full text and analysis of Article 300A.
• Judicial Cases: Jilubhai Nanbhai Khachar v. State of Gujarat (1995).
• Amendment History: Constitution (Forty-fourth Amendment) Act, 1978.