Historical Context and Repeal
Article 31: Compulsory Acquisition of Property (Repealed)
Article 31 was originally part of the Indian Constitution and dealt with the compulsory acquisition of private property by the state. However, it was repealed by the 44th Amendment Act, 1978. The essence of Article 31, along with the right to property, was moved to Article 300A, which states that no person shall be deprived of his property save by authority of law.
UPSC Notes for Article 31
- Original Provisions: Article 31 provided that the state could acquire private property for public purposes under two conditions:
- The acquisition must be for a public purpose.
- The state must provide compensation to the property owner.
- Amendments and Legal Challenges: Over the years, Article 31 underwent several amendments and faced numerous legal challenges, especially concerning the adequacy of compensation and the definition of ‘public purpose.’
- 44th Amendment Act, 1978: This amendment removed Article 31 from the Fundamental Rights chapter and placed the right to property in Article 300A under the heading “Right to Property,” making it a legal right instead of a fundamental right.
Important Cases Related to Article 31
- Kameshwar Singh v. State of Bihar (1952): One of the earliest cases where the court struck down a law for not providing adequate compensation under Article 31.
- State of West Bengal v. Bela Banerjee (1954): The Supreme Court ruled that compensation under Article 31 must be a “just equivalent” of the property taken.
- Golak Nath v. State of Punjab (1967): The court held that fundamental rights, including those related to property under Article 31, could not be abridged by Parliament.
- Kesavananda Bharati v. State of Kerala (1973): This landmark judgment upheld the validity of constitutional amendments affecting Article 31 but introduced the doctrine of the basic structure, limiting Parliament’s power to alter fundamental rights.
Important Reports Related to Article 31
- Law Commission of India Reports: Various reports have addressed the complexities and implications of compulsory acquisition of property, recommending clearer guidelines and fair compensation mechanisms.
- National Commission to Review the Working of the Constitution (2002): This commission recommended maintaining the balance between public interest and property rights, aligning with the principles that were originally under Article 31.
Additional Insights
- Transition to Article 300A: The shift of property rights from a fundamental right to a legal right under Article 300A reflects a balance between individual rights and state power, aiming to prevent arbitrary deprivation of property.
- Public Purpose and Compensation: The core issues around Article 31 revolved around the interpretation of ‘public purpose’ and the adequacy of compensation, which remain relevant under Article 300A.
- Current Legal Framework: Although Article 31 is repealed, the principles governing compulsory acquisition of property continue to be significant in the context of land acquisition laws and policies in India.
Previous Year Prelims Questions Related to Article 31
- UPSC Prelims 2014: With reference to the Constitution of India, consider the following statements:
- (1) Article 31 was originally included in the Fundamental Rights.
- (2) The right to property is now a legal right under Article 300A. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 Answer: (c) Both 1 and 2
- UPSC Prelims 2016: Which one of the following statements is correct about the Right to Property in India?
- (a) It is a fundamental right.
- (b) It is a legal right.
- (c) It is a constitutional right.
- (d) It is a statutory right. Answer: (b) It is a legal right.
Previous Year Mains Questions Related to Article 31
- UPSC Mains 2017: Discuss the implications of the 44th Amendment Act, 1978, on the right to property in India. How did it change the nature of this right?
- UPSC Mains 2018: Analyze the impact of the repeal of Article 31 on the balance between individual rights and state power in India. How does the current legal framework address property rights?
By understanding the historical context, judicial interpretations, and implications of the repeal of Article 31, UPSC aspirants can gain a nuanced perspective on the evolution of property rights in India and their current status under Article 300A.