Constitutional Provisions of

Property

Fundamental Rights
Constitution

Act, 1978

(44th Amendment)

Statement of Objects and Reasons

The right to property, which has been the occasion for

more than one amendment of the Constitution, would
cease to be a fundamental right and become only a
legal right.

Article-19(1)(f) and Article-31 are deleted.

It would, however, be ensured that the removal of

property from the list of fundamental rights would not
affect the right of minorities to establish and
administer educational institutions of their choice.

Savings

Similarly, the right of persons holding land for personal

cultivation and within the ceiling limit to receive
compensation at the market value would not be
affected.

Property while ceasing to be a fundamental right,

would, however, be given express recognition as a legal
right, provision being made that no person shall be
deprived of his property save in accordance with law.

Gazette of India, 15-5-1978

Article-19(1) (f) and Article-31

Art.19(1)(f) guaranteed to the Indian citizens a right

to acquire, hold and dispose of property, subject to
reasonable restrictions may be imposed by the State
under Art.19(5)

Art.31(1) laid down that no person could be deprived

of his property without the authority of law. This
provision has been repealed through the 44th
amendment, but it re-appears in a limited form as
Art.300A.

Article-31(2)

No property shall be compulsorily acquired

or requisitioned save for a public purpose
and save by authority of law, which
provides for acquisition or requisitioning of
the property for an amount, which may be
fixed by such law or which may be
determined in accordance with such
principles and given in such manner as may
be specified in such law,

Chapter IV Right to Property

300A. Persons not to be deprived of

property save by authority of law

No person shall be deprived of his

property save by authority of law.

Other connected Articles:

Property is an essential ingredient

religious freedom: [Art.26(c)]

of

The freedom of trade and

guaranteed by Arts.301 to 304.

Trade and Commerce cannot be carried on

without property.

commerce

Entries in the Constitution:

Till 7th Amendment, the entries ran as

follows:

Entry 33, List I: Acquisition or requisition of

property for the purposes of the Union

Entry
36,
List
II:
Acquisition
or
requisitioning of property, except for the
purpose of Union, subject to the provisions
of entry 42 of List III

Entry 42, List III

Principles on which compensation for

property acquired or requisitioned for
the purpose of the Union or of a State
or for any other public purpose, is to
be determined, and the form and the
manner in which such compensation
is to be given.

Present Position

The above entries were deleted by

the 7th Amendment, which came into
force

from

following

1.11.1956,

new

entry

and
42

the
was

substituted in List III: Acquisition

and Requisitioning of Property.

Art.26:
Freedom
religious affairs

to

manage

Subject to public order, morality and health,

every religious denomination or any section
thereof shall have the right-

(c)

to

own

and

acquire

movable

and

immovable property

(d) and to administer such property in

accordance with the law.