Supreme Court's Emphasis on Property Rights

Published: 17th May, 2024

Context

The Supreme Court stressed the importance of constitutional safeguards when the State acquires private property, ensuring fair procedures and protecting property owners' rights under the Indian Constitution.

Key Points:

Fair Procedure Requirement: Article 300A prohibits the deprivation of property without following a fair procedure established by law. This applies when the State acquires private property for public purposes and compensates the owner.
Procedural Justice: Procedural fairness is essential, emphasizing that acquisition must adhere to proper procedures even with compensation.
Fundamental Procedural Rights: Property owners have seven fundamental rights during acquisition. These sub-rights, as traced in the judgment, are:
- The Right To Notice: duty of the State to inform the person that it intends to acquire his property
- The Right To Be Heard: duty of the State to hear objections to the acquisition
- The Right To A Reasoned Decision: duty of the State to inform the person of its decision to acquire
- The Duty To Acquire Only For Public Purpose: duty of the State to demonstrate that the acquisition is for public purpose
- The Right Of Restitution Or Fair Compensation: duty of the State to restitute and rehabilitate
- The Right To An Efficient And Expeditious Process: duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings
- The Right Of Conclusion: final conclusion of the proceedings leading to vesting
State Obligations: The State must acquire property only for public purposes and conduct the process efficiently within set timelines.

Fact Box: About Article 300-A

Article 300-A, added to the Constitution in 1978, protects the right to property.
It states that no one can be deprived of their property except by law.
This means the government can acquire property for public benefit, but only through legal means. The property acquisition must be legitimate and serve the public interest.
The right to property was initially a fundamental right under Article 19(1)(f) and Article 31 of the Constitution. But in 1978, the 44th Amendment Act changed this by removing it as a fundamental right. Instead, it became a legal right under Article 300A.

PYQ

Q. What is the position of the right to property in India? (2021)

Legal right available to citizens only
Legal right available to any person
Fundamental Right available to citizens only
Neither Fundamental Right nor legal right

Solution: (b)

CURRENT AFFAIRS FOR UPSC IAS

Supreme Court's Emphasis on Property Rights

Key Points:

Fact Box: About Article 300-A

PYQ