RIGHT TO PROPERTY UNDER INDIAN CONSTITUTION

ABSTRACT:
The Right to Property is the most amended and the most contrary Fundamental
Rights, that is totally eliminated in 1978 by Forty-Fourth amendment of Constitution. The
contrary nature of the right to property arises as a result of the protection of property rights
unavoidably results in embedding unequal distributions of prevailing property privileges.
There were lots of amendments made for the Right to Property. Articles 19(1)(f) and 31 from
the part III repealed under Forty-Fourth amendment. The Repealed articles were replaced in
the Articles 300A to sustain that no individual should be destitute of property save by
authority of law. The result is the Right to Property as a fundamental right is replaced to the
Statutory right. As the property is no longer fundamental rights but only a legal right, an
individual does not have a right to file a writ in the supreme court under Article 32 for
contravention of such right. But there were lots of efforts were made to restore its right to its
fundamental status as before the Forty-Fourth amendment. The amendment was prolonged
the powers of the government to capture the property to public welfare and the compensation
should be given to the possessor of the property, this amendment conversed the socialist state
a consent to legal plunder.

This paper contends the progress made in the Right to Property, from the
drafting of the original constitutional property article over judicial interpretation, determines
the Indian states were involved to restructure the right to property relations in society to
achieve its goals of social restructuring and economic growth. Almost all the cases under
Right to Property were involved in challenging the grounds on Article 14 where equality was
guaranteed, the challenged law was invalidated for violating the right to equality and not the
right to property.