1. Actual Article
Article 300A: Right to Property
“No person shall be deprived of his property save by authority of law.”
2. UPSC Notes for Article 300A
Key Points:
- Non-Fundamental Right: Initially a fundamental right (Article 31) but moved to a constitutional legal right by the 44th Amendment Act of 1978.
- Legal Protection: Protects individuals from arbitrary deprivation of property, ensuring that any such action must be backed by the authority of law.
- Legal Recourse: Individuals can challenge violations in High Courts under Article 226, rather than directly in the Supreme Court.
Implications:
- Government Actions: Government can acquire property for public purposes, but it must follow due legal process and provide fair compensation.
- Citizens’ Security: Citizens are assured that their property rights are safeguarded by law, contributing to legal and economic security.
3. Important Cases and Commissions related to Article 300A
Key Cases:
- Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine and affirmed that certain features of the Constitution, including property rights, cannot be altered.
- Jilubhai Nanbhai Khachar v. State of Gujarat (1995): Clarified that Article 300A does not guarantee a fundamental right but assures that no property can be taken without legal authority.
- KT Plantation Pvt. Ltd. v. State of Karnataka (2011): Emphasized that deprivation of property must be for public purpose and with compensation, following due process.
Important Commissions:
- Law Commission of India: Various reports have discussed the evolution and implications of property rights post-44th Amendment.
4. Important Reports related to Article 300A
Notable Reports:
- Law Commission Report No. 56: Discusses the necessity of balancing property rights with socio-economic goals.
- Law Commission Report No. 78: Analyzes the impact of the 44th Amendment on property rights and suggests improvements for legal clarity.
- Second Administrative Reforms Commission: Examines the broader implications of property rights in governance and public administration.
Conclusion
Understanding Article 300A is crucial for UPSC aspirants as it highlights the transition of property rights in India and its current legal framework. This knowledge is essential for comprehending the constitutional and legal landscape of property rights, as well as for answering related questions in the UPSC examination.
Stay tuned for the next article in our series: Indian Constitution Article 301 for UPSC 2025.