The Supreme Court on 2 January (2025) asserted that while the right to property is no longer a fundamental right under the Indian Constitution, it remains a constitutional right and a recognised human right.
Background and Key Points:
- Shift from Fundamental to Constitutional Right: Initially, Article 19(1)(f) of the Indian Constitution guaranteed the fundamental right “to acquire, hold, and dispose of property.” However, this was removed by the 44th Constitutional Amendment Act, 1978, effectively downgrading the right to property from a fundamental right to a constitutional right under Article 300A.
- Article 300A ensures that no person can be deprived of their property except through legal authority.
- Current Legal Status: The Supreme Court emphasized that while the right to property is no longer a fundamental right, it retains its significance as:
- A constitutional right under Article 300A.
- A recognized human right, especially in the context of a welfare state.
- Compensation for Dispossession: In the case of the Bengaluru-Mysore Infrastructure Corridor (BMIC) project, where over 20,000 acres were acquired, the Court directed that compensation to the affected landowners must be paid based on the market value as of April 2019, ensuring fair redress for dispossession. The ruling reaffirmed that individuals cannot be deprived of property without adequate compensation in accordance with the law.
- Significance of Article 300A: Article 300A serves as a safeguard, mandating that the deprivation of property must be backed by legal authority. The Court’s observation stresses that this protection upholds principles of justice and fairness, aligning property rights with human rights.
