Question

Which of the following most accurately describes the legal character of the right to property under Article 300A of the Indian Constitution?

• A. It is a fundamental right that guarantees compensation for all property acquisitions.
• B. It allows the State to deprive a person of property by any law, even without due process.
• C. It is a constitutional legal right that permits deprivation only by authority of law.
• D. It permits citizens to claim property protection under Article 32 before the Supreme Court.

Answer 1

Answer:

C. It is a constitutional legal right that permits deprivation only by authority of law.

Right to Property in the Indian Constitution

• Article 300A of the Constitution of India deals with the right to property. It states that no person shall be deprived of his property save by authority of law.
• This right was introduced by the 44th Constitutional Amendment Act, 1978.
• Prior to this amendment, the right to property was a fundamental right under Article 31. However, it was removed from the list of Fundamental Rights by the same amendment.
• Thus, the right to property is now a constitutional legal right, not a fundamental right.
• The key implication of this change is that the remedy available for the violation of this right is no longer through Article 32 (writ jurisdiction of the Supreme Court), but through Article 226 (writ jurisdiction of the High Courts) and ordinary statutory remedies.
• The phrase "save by authority of law" is crucial. It means that any deprivation of property must be backed by a valid law enacted by the Parliament or State Legislature. This law must be reasonable, fair, and just.
• The State can acquire or requisition property for public purposes, but it must be through due process of law and with provisions for adequate compensation.
• The Supreme Court has held that the "authority of law" must mean a valid law that is not arbitrary and is in accordance with the principles of natural justice.
• It is important to note that the right to property under Article 300A does not include the right to have property, only the right to hold property that one lawfully possesses.