Previous Year Question

The Right to Property is no longer a Fundamental Right in India. It is a constitutional right available to any person under Article 300A. Among the given options, option (b), which describes it as a legal right available to any person, is the most appropriate.

Article 300A provides:

No person shall be deprived of his property save by authority of law.

The Article uses the expression “person”, not “citizen.” Its protection may therefore be available to:

• Indian citizens

• Non-citizens

• Legal persons such as companies

Constitutional journey of the Right to Property

The original Constitution protected property as a Fundamental Right through two provisions:

• Article 19(1)(f)—the right to acquire, hold and dispose of property.

• Article 31—protection against deprivation of property without authority of law.

The Constitution (Forty-fourth Amendment) Act, 1978 removed Articles 19(1)(f) and 31 from Fundamental Rights and inserted Article 300A. This change took effect on 20 June 1979.

Effect of Article 300A

The State cannot take property merely through an executive order or without following the law. Deprivation of property requires:

• A valid law enacted by the competent Legislature.

• Compliance with the legally prescribed procedure.

• Protection against arbitrary action.

• A connection with a public purpose.

• Compliance with the compensation and procedural safeguards prescribed by law.

The Supreme Court has described the Right to Property as both a constitutional right and a human right. Dispossessing a person without following lawful procedure violates Article 300A.

Since it is not a Fundamental Right, a person ordinarily cannot directly invoke Article 32 solely for violation of Article 300A. The affected person may approach a High Court under Article 226 or another competent judicial forum.