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
- News in Brief
- Highlights of the Verdict
- Right to Property
- 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 Article 31 dealt with the property right was repealed and replaced by Article 300A.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
- Duty of State to inform the owners that it intends to acquire his property – right to notice;
- Duty of State to hear objections – right to be heard;
- Duty of State to inform its decision on acquisition – right to a reasoned decision;
- Duty of State to demonstrate that acquisition is for a public cause – acquisition only for a public purpose;
- Duty of State to restitute and rehabilitate – right to fair compensation;
- Duty of State to conduct the process of acquisition efficiently and within prescribed timelines – right to an efficient conduct; and
- 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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