Right to Property in India

Source: Hindustan Times
GS II: Issues relating to the development and management of Social Sector/Services relating to Health, Education, Human Resources

Overview

1. News in Brief
2. Highlights of the Verdict
3. Right to Property
4. Way Forward

Why in the News?

Supreme Court underscored the constitutional safeguards required before the State can acquire private property

• Highlighting the necessity of adhering to fair procedures and upholding the rights of property owners under the Indian Constitution.
• The authority of law is not just the power of eminent domain.
• It includes procedural safeguards to ensure fairness and transparency, underscored the bench, clarifying without a proper procedure, even with compensation, compulsory acquisition would be unconstitutional.

Highlights of the Verdict

• The court stated that following proper procedures is crucial under Article 300A when the government takes private property for public use and compensates the owner.
• Deprivation of any person’s immovable property must follow a fair procedure of law, a principle enshrined in Article 300A

Article 300A Constitution of India: No person shall be deprived of his property save by authority of law.
Constitution 44th Amendment Act, 1978 made a separate Article 300A in Chapter IV of Part XII. Article 31 dealt with the property right was repealed and replaced by Article 300A.

• The court outlined seven fundamental procedural rights that must be observed before any valid acquisition of property.
• Law does not end with the mere presence of a legislation which empowers the State to deprive a person of his property
  • Instead nature, characteristics, provisions and procedures provided in such legislation must necessarily be considered.

Right to Property in India

Seven Fundamental Procedural Rights

1. Duty of State to inform the owners that it intends to acquire his property – right to notice;
2. Duty of State to hear objections – right to be heard;
3. Duty of State to inform its decision on acquisition – right to a reasoned decision;
4. Duty of State to demonstrate that acquisition is for a public cause – acquisition only for a public purpose;
5. Duty of State to restitute and rehabilitate – right to fair compensation;
6. Duty of State to conduct the process of acquisition efficiently and within prescribed timelines – right to an efficient conduct; and
7. Conclusion of the proceedings – the right of conclusion.

Fundamental Right

• Initially, the right to property was considered a fundamental right under Article 19(1)(f) and Article 31 of the Indian Constitution.
• Article 19(1)(f) guaranteed Indian citizens the right to acquire, hold, and dispose of their properties, while Article 31 protected against property deprivation.
• This changed with the 44th Amendment to the Constitution in 1978.
  • The amendment removed the right to property as a fundamental right and introduced Article 300A.
  • This new article recognized property as a constitutional right but not a fundamental right.

Land Acquisition Act, 2013

• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, governs land acquisition in India.
• It aims to ensure fair compensation, transparency, and adequate rehabilitation of affected persons.

Way Forward

• Strengthening Legal Frameworks: Continuous review and strengthening of land acquisition laws can ensure better protection of property rights.
• Enhanced Transparency: Increasing transparency in property acquisition processes can build public trust and reduce disputes.
• Fair Compensation Mechanisms: Developing robust mechanisms to assess and provide fair compensation can ensure justice for property owners.

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