Right to Property

The right to property is a constitutional right under Article 300A, which states that no person shall be deprived of property except by authority of law. It is no longer a Fundamental Right, but government action affecting property remains subject to constitutional and judicial scrutiny.

Constitutional evolution

The Constitution originally protected property through Articles 19(1)(f) and 31. The 44th Constitutional Amendment Act, 1978 removed these guarantees from Part III and inserted Article 300A in Part XII.

• Because Article 300A uses the expression “no person”, its protection is not confined to citizens.
• Its removal from Part III means that violation of the right does not by itself permit a petition under Article 32 as a Fundamental Right claim.

Meaning of authority of law

Property can be taken only under a valid law made by a competent legislature. A mere executive order, administrative instruction or forcible occupation without statutory authority cannot satisfy Article 300A.

• The law and action taken under it may be challenged before a High Court under Article 226.
• The state must follow the procedure prescribed by law before dispossessing a person.
• The protection covers deprivation of property, including compulsory acquisition, rather than merely regulating its use.

Public purpose and compensation

Article 300A does not expressly guarantee compensation equivalent to the property's market value. However, in K.T. Plantation v. State of Karnataka (2011), the Supreme Court held that compulsory deprivation must serve a public purpose and that compensation cannot be wholly illusory or arbitrary.

• The adequacy and method of compensation are ordinarily determined by the governing acquisition law.
• A deprivation that is arbitrary, unsupported by law or unrelated to public purpose remains open to judicial review.

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