‘44 th Constitutional Amendment, Right to Property and Right to Compensation’

Abstract

In India no fundamental Right has caused so much debate, and has given rise to so
much litigation between the government and the citizen, as the right to property. In 1978 the 44 th
constitutional Amendment removed the fundamental Right to property. The amendment takes
away the right to property as a fundamental right and makes it only a constitutional right.
Howsoever laudable object the state may intend to achieve it can neither deprive a person of his
property nor can it interfere with this right save by authority of law. The acquisition may be
against the will of the owners but compensation is paid to the owners or persons interested in the
land. Due care must be taken while granting the compensation to the affected person that his right
should not get hampered while serving public purpose. State can acquire a property for a public
purpose or private company. The concept of 'public purpose' connotes public welfare.