Background

♤ The Constitution originally provided for the Right to Property as a fundamental right (F.R.) under Articles 19 and 31.

o Article 19(1) (f) guaranteed to the Indian citizens a right to acquire, hold and dispose of property.

o Article 31 of Indian Constitution stated that no person can be deprived of his property without the consent of a proper authority.

o Also, Article 31(2) had put two limitations on State power of acquisition of land viz.

 Firstly, the compulsory acquisition or requisitioning of land should be for public purpose.

 Secondly, the law enacted in that behalf should provide for compensation.

o However, after independence, it resulted in numerous litigations between the government and citizens. Major contentious issues were:

 Laws enacted by government in relation to land reform measures to provide housing to the people in the urban area

 Regulation of private enterprises

 Nationalization of some commercial undertakings.

o To narrow its scope it was modified several times by the constitutional amendments namely 1st, 4th, 17th, 25th and 42nd Constitutional Amendment Acts.

o However, it was continued to be seen as a roadblock in socio-economic development of the country.

o Finally, 44th Constitutional Amendment Act repealed the entire Article 31 and Article 19(1)(f) & inserted Article 300A.