Right to Property in India

Source: The Hindu (Right to Property)

Why in News?

A Bench of Justices B.R. Gavai and K.V. Viswanathan noted that “Right to property continues to be a human right in a welfare state, and a constitutional right under Article 300-A of the Constitution. 

Relevance with UPSC Syllabus

  1. Prelims:
    • Constitutional amendments related to the Right to Property, especially the 44th Amendment.
    • Articles 19, 31, and 300-A.
  2. Mains (GS Paper II):
    • Role of constitutional rights in ensuring justice and equity.
    • Evolution of property rights and their impact on land reforms and socio-economic policies
  3. Ethics (GS Paper IV):
    • Moral and ethical dimensions of balancing public interest with individual property rights.

History and Evolution of Right to Property in India

The Right to Property has undergone significant transformation in India’s constitutional and legal history:

  1. Constitutional Status at Inception (1950):
    • It was originally a fundamental right under Article 19(1)(f) and Article 31.
    • Article 19(1)(f): Gave citizens the right to acquire, hold, and dispose of property.
    • Article 31: Ensured that no person would be deprived of their property except by the authority of law, with provisions for fair compensation.
  2. Challenges with Land Reforms:
    • It faced challenges due to land redistribution policies aimed at addressing inequalities in land ownership, especially after Independence.
    • Courts often invalidated land reform laws, citing violations of the Right to Property.
  3. First Amendment (1951):
    • Added Articles 31A and 31B, protecting laws related to land reforms from being challenged on the grounds of violating fundamental rights.
  4. 44th Amendment (1978):
    • It was removed as a fundamental right and made a constitutional right under Article 300-A.
    • Article 300-A states that no person shall be deprived of their property except by authority of law.
    • This amendment allowed the government to implement land reforms and acquire property for public purposes without judicial interference on fundamental rights grounds.
  5. Present Status:
    • It is now a legal right under Article 300-A but continues to be recognized as a human right in various judgments.

Challenges with the Right to Property

  1. Lack of Clarity on Fair Compensation:
    • The contentious issue of the acquired land’s market value often arises, as seen in the Bengaluru-Mysore Infrastructure Corridor (BMIC) case, where authorities decided compensation based on 2019 rates instead of the 2003 acquisition value.
  2. Forceful Acquisition and Displacement:
    • Governments often acquire private property for public purposes, leading to displacement of marginalized communities without adequate rehabilitation.
    • Example: Sardar Sarovar Project displaced thousands of tribal families.
  3. Judicial Delays:
    • Disputes over compensation and acquisition often result in prolonged legal battles, delaying justice for affected individuals.
  4. Impact on Marginalized Communities:
    • Land acquisition disproportionately affects vulnerable groups, including farmers, tribal communities, and urban poor.
    • Example: The Vedanta case in Odisha highlighted the tension between property rights and environmental rights of tribal communities.
  5. Balancing Public Purpose and Individual Rights:
    • Conflicts arise between development projects (e.g., highways, airports, industrial corridors) and individual property rights, requiring a balance between public interest and private ownership.

Way Forward

  1. Strengthen Article 300-A:
    • Recognize the Right to Property as a human right and ensure that it is not violated arbitrarily, especially for marginalized communities.
  2. Ensure Fair Compensation:
    • Compensation for acquired land must reflect the current market value, as upheld by the Supreme Court in the BMIC case.
    • Establish clear guidelines for determining compensation, incorporating factors like loss of livelihood and displacement.
  3. Rehabilitation and Resettlement Policies:
    • Provide adequate rehabilitation and livelihood support to those displaced by land acquisition.
    • Implement existing frameworks like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 effectively.
  4. Judicial Reforms:
    • Establish fast-track courts for resolving disputes related to property acquisition and compensation.
  5. Use of Technology:
    • Digitize land records to reduce disputes over ownership and streamline the acquisition process.
  6. Balancing Development and Rights:
    • Governments must adopt inclusive development policies, ensuring that economic growth does not come at the expense of citizens’ property rights.
    • Incorporate environmental and social impact assessments before approving large-scale projects.
  7. Awareness Campaigns:
    • Educate citizens, especially in rural and tribal areas, about their property rights and available legal remedies.

Conclusion

The evolution of the Right to Property from a fundamental right to a constitutional right reflects India’s journey in balancing individual rights with socio-economic objectives. While land acquisition for public purposes remains essential for development, ensuring fair compensation, timely justice, and adequate rehabilitation is critical to upholding the dignity and rights of affected individuals. By strengthening legal frameworks and adopting inclusive policies, India can strike a balance between economic growth and human rights, as envisioned in the Constitution.