India’s Property Rights : According to Article 300-A of the Indian Constitution, “no individual shall be dispossessed of his property unless by authority of law.” What does it represent? Let us investigate!

Following the 44th amendment to the Indian Constitution in 1978, the right to property became a human right rather than a basic right. To grasp its significance and what it means for an individual, it is necessary to distinguish between basic and human rights.

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The distinction between basic and human rights

Fundamental rights, which are regarded necessary for a normal living, are declared in the Indian Constitution and are enforced by legislation. Human rights, on the other hand, are deemed important to life and provide safeguards for individuals to live with dignity and equality.

While basic rights are absolute and cannot be denied or deprived of under any circumstances. Human rights are restricted and not absolute.

India’s Property Rights: Background on the right to property

The right to property was formerly recognised as a basic right in Article 19 (1) (f) and Article 31, both of which are found in Part III of the Indian Constitution. Article 19 (1) (f) gave Indian people the right to own, retain, and dispose of property. Article 31, on the other hand, safeguarded the right against property deprivation.

However, issues with property as a fundamental right began to emerge when the Defence of India Act, which empowered the central government to requisition and acquire any immovable property in the public interest, was enacted in 1962, in accordance with the Requisitioning and Acquisition of Immovable Properties Act, 1952. When the authority began acquiring land for public use, it became clear that the state’s capacity to acquire it for public use may be limited, because the right to property constituted a fundamental right.

The 44th Amendment to the Indian Constitution eventually abolished Article 19 (1) (f). The Constitution (44th Amendment) Act of 1978 also abolished Article 31. And a modified version of it was introduced as Article 300-A in Part-XII of the Constitution.

India’s Property Rights: Article 300-A guarantees the right to property.

Property is no longer a basic right in India, but rather a human right, after a 1978 change. In 1978, the Constitution was amended to include Article 300-A. Which declares that “no individual shall be dispossessed of his property unless by authority of law.”

It means that no one, but the state, may strip a person of his property. The provision authorises the state to seize an individual’s private property for the general good. However, the legislation governing property acquisition must be genuine. And the purchase of land by the state must be for public benefit. As noted by the Madhya Pradesh High Court (HC) in a case decided in May2022.

The provision, according to the Madhya Pradesh High Court. Strikes a balance between the interests of property owners and the interests of the state.

India’s Property Rights: The Supreme Court has ruled on the right to property.

The Supreme Court of India has made several statements on property rights.  Emphasising that under a welfare state, authorities cannot take ownership of property without following appropriate procedure and legislation. The Supreme Court has also ruled that the state cannot enter a citizen’s private property and claim ownership under the guise of ‘adverse possession.’

“A welfare state cannot be allowed to adopt the adverse possession plea. Which permits a trespasser, i.e. A person guilty of a tort or even a crime. To establish legal title to such property for more than 12 years.” “The state cannot be allowed to perfect its claim to the land by utilising the law of adverse possession to seize the property of its own people.” The Supreme Court (SC) said in the case of Vidya Devi vs. the State of Himachal Pradesh in January 2022.

“Although the right to property is no longer a basic right. It remains a constitutional right under Article 300-A and a human right. As this court observed in Vimlaben Ajitbhai Patel vs. Vatslaben Ashokbhai Patel and others.” “In accordance with the mandate of Article 300-A of the Indian Constitution. No individual is to be dispossessed of his property except by the authority of law.” The Supreme Court observed on August 7, 2020. When giving its decision in the Hari Krishna Mandir Trust vs. State of Maharashtra case.

Many high courts in India have made similar findings on the right to property from time to time.

“No one will be dispossessed of his/her property except by the authority of law or a mechanism established by law. As the right to property is a human right and constitutional right under Article 300-A.” The Jammu and Kashmir and Ladakh High Court said in July 2022.

According to the MP High Court. The state cannot strip a citizen of his or her property without the approval of the law.

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