Previously a Fundamental Right
- Before 1978, the Indian Constitution guaranteed the right to property as a fundamental right under Article 19(1)(f) and Article 31.
- This meant citizens had the right to acquire, hold, and dispose of their property.
- Article 31 also ensured that the government couldn't take over private property without due compensation and for public purposes only. Change in 1978
- The 44th Amendment Act of 1978 changed the status of the Right to Property.
- Articles 19(1)(f) and 31 were removed from the list of fundamental rights.
- A new Article, 300-A, was introduced under Part XII of the Constitution. Current Status: A legal right available to any person.
- Article 300-A states, "No person shall be deprived of his property save by authority of law."
- This means the government can still acquire private property, but only under legal authorization.
- The law should be fair and reasonable, and the government has the power to decide the quantum of compensation.