31 Mar 2021

Article 300-A: Right to Property

In Guru Dutt Sharma vs State of Bihar AIR 1961, Supreme Court held that 'property' as a legal concept is the sum of a bundle of rights which includes right to possession, right to enjoy, right to destroy, right to retain, etc.

44th Amendment to Indian Constitution 1978:

* The right to property ceased to be a fundamental right by omitting Article 19 (1) (f).

* Thus, Article 19 (1)(f) and Article 31 were deleted.

* Article 300- A was inserted and right to property was made merely a constitutional right.

* This means that the right to property is available only against an executive action.

Reasons for deleting Article 19 (1)(f) and 31:

1. To reduce the status of right to property from fundamental right to a constitutional right.

2. After Independence, the primary focus of government was to reconstruct the agrarian economy.

3. The government embarked socialist philosophy.

4. To confer right to property to the tiller.

5. To abolish zamindari system.

In Jilubhai Nabhai Khackar vs State of Gujarat AIR 1995- Right to property under Article 300- A was declared not to be a part of the basic structure of the constitution.

In Bishambar Dayal Chandra Mohan vs State of U.P. 1982, the Court held that executive cannot deprive a person of his property without the authority of law.

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