A Comparative Constitutional Study Of Eminent Domain: Indian Framework With Other Foreign States
- IJLLR Journal
- Jun 14
- 1 min read
Pavithra S, The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law
ABSTRACT
The doctrine of eminent domain is the state’s sovereign power to acquire an individual’s property for the purpose of public use, subject to the payment of fair compensation. Land acquisition is a critical aspect of global development policies across the world, often balancing economic growth with social justice. In India, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (LARR) Act 2013, ensure the fair compensation and rehabilitation for affected communities. This research undertakes a comparative constitutional analysis of the doctrine as it exists within the Indian legal framework and within other foreign states, notably the United States, the United Kingdom and the South Africa. The property rights of individuals rooted in Article 300A of the Indian Constitution and shaped by evolving judicial interpretations are critically examined alongside constitutional and statutory provisions in foreign legal systems. Through doctrinal and jurisprudential comparisons, this paper highlights both convergences and divergences in the treatment of property rights under constitutional law. Ultimately, this research paper contributes to a deeper understanding of the normative underpinnings and practical implications of the doctrine of eminent domain within a constitutional democracy.
Keywords: Eminent Domain, Acquisition of property, Public purpose, fair compensation, Indian framework, other foreign States, United Nations, United Kingdom, South Africa, Constitutional democracy
