‘44 th Constitutional Amendment, Right to Property and Right to Compensation’
Keywords:
Amendment, Article, Constitution, Corporate, Law, PropertyAbstract
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.
References
1. Fifth Amendment, Bill of rights, Constitution of US
2. TS Rama Rao, ‘The Problem of Compensation and its Justiciability in Indian Law’ (1962) 4
3. Constitution of India 1950, art 19(1)(f).
4. 2013 AIR CC 1080 (AP)
5. Granville Austin, The Indian Constitution: Cornerstone of a Nation (OUP 2000).
6. 44th Amendment of Constitution of India -W.e.f. 10.6.1979.
7. Section 38A of The Land Acquisition Act, 1894
8. Mohmad Aslam, Concept of Property ownership and Possession, legalserviceindia.com
9. John Locke, Two Treatises of Government , ed. Thomas Hollis (London: A. Millar et al., 1764). 12/16/2019.
10. AIR 1951 SC 41
11. AIR 1954 SC 92
12. AIR 1954 SC 19
13. AIR 1954 SC 282
14. AIR 1954 SC 415
15. (343 US 597 1952),
16. AIR 1995 SC 142
17. AIR 1984 Bom 366
18. AIR 1996 All 187
