Context:
SC in Kolkata Municipal Corporation & Anr Vs Bimal Kumar Shah & Ors has stated that Article 300A has been characterised both as a constitutional and also a human right.
Article 300A:
- States that “no person shall be deprived of his property save by authority of law”
Key highlights of the judgment:
- Deprivation of any person’s immovable property must follow a fair procedure of law.
- Minimum content of constitutional right to property comprises of 7 sub-rights such as;
- Right to Notice: Individuals must be informed about the intention to acquire their property.
- Right to Be Heard: Affected individuals have the right to voice objections.
- Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
- Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
- Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
- Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
- Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.
- Compulsory acquisition will be unconstitutional if proper procedure is not established or followed before depriving a person of their right to property.
Status of Right to Property in India:
- Right to property was explicitly held as a fundamental right under Articles 19(1)(f) and 31 at the inception of the Constitution in 1950.
- 1st Constitutional Amendment (1951) added Article 31A to provide for acquisition of any estate as against the provisions enshrined under Articles 14 and 19.
- 44th Constitutional Amendment (1978) removed right to property as a fundamental right by repealing Articles 19(1)(f) and Article 31 and made it a constitutional right under Article 300A.
Source: The Hindu
Previous Year Question
What is the position of the Right to Property in India?
[UPSC Civil Service Exam – 2021 Prelims]
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither Fundamental Right nor legal right
Answer: (b)
