Revisiting Property Rights In Modern India: A Critical Analysis Of Constitutional Status, Judicial Interpretation And Contemporary Challenges
P. Narmadha, Assistant Professor in GTN Law College,
DindigulS. Sindhuja, Assistant Professor in GTN Law College,
Dindigul D. M. Salai Siva Keerthana, Assistant Professor in GTN Law College, Dindigul
ABSTRACT
The right to property in India has undergone a significant constitutional transformation, evolving from a fundamental right to a constitutionally protected right under Article 300A. This transformation has not diminished the legal importance of property rights; rather, it has generated continuing questions concerning the extent to which the State may interfere with private property in pursuit of public purposes. This paper critically examines the constitutional status of property rights in modern India, with particular emphasis on Article 300A, compulsory acquisition, procedural safeguards, compensation and judicial review. It analyses the development of property jurisprudence from the original constitutional framework through the Forty- Fourth Constitutional Amendment and evaluates the contemporary approach of the Supreme Court in protecting individuals against arbitrary deprivation of property. Recent judicial developments, particularly the recognition of notice, hearing, reasoned decision-making, public purpose, fair compensation, procedural efficiency and conclusion of acquisition proceedings as components of Article 300A protection, demonstrate an expanding constitutional understanding of the right to property. The study further examines contemporary challenges arising from land acquisition, displacement, inadequate or delayed compensation, developmental projects, urbanisation and competing public interests. It argues that effective protection of property rights requires more than the existence of statutory authority; it demands legality, fairness, transparency and procedural accountability. The paper concludes that a balanced interpretation of Article 300A can reconcile the State’s developmental objectives with individual property interests while strengthening constitutionalism and the rule of law.
Keywords: Right to Property; Article 300A; Compulsory Acquisition; Constitutional Protection; Land Acquisition
