Article 31 of the Indian Constitution

Article 31 of the Indian Constitution was originally a part of the Fundamental Rights under Part III, which dealt with the Right to Property. However,

Article 31 of the Indian Constitution: Right to Property (Now Repealed)

Introduction
Article 31 of the Indian Constitution was originally a part of the Fundamental Rights under Part III, which dealt with the Right to Property. However, it was later repealed by the 44th Constitutional Amendment Act, 1978, and the right to property was removed from the list of Fundamental Rights. Instead, it was made a legal right under Article 300A in Part XII of the Constitution.

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What Did Article 31 State?

Article 31 originally provided protection against the deprivation of property and stated that:

1. No person shall be deprived of his property except by the authority of law.
2. The State had the power to acquire or requisition property for public purposes after providing compensation to the owner.

This article aimed to ensure that the government could acquire land for development purposes while also protecting citizens from unjust seizure of their property.

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Why Was Article 31 Repealed?

1. Conflicts with Socio-Economic Policies

   • The government needed to acquire land for development projects, land reforms, and public welfare schemes.
   • Article 31 often led to legal disputes, making land acquisition difficult.

2. Frequent Amendments & Court Cases

   • The article was amended multiple times to override Supreme Court judgments that favored property owners.
   • Cases like Keshavananda Bharati v. State of Kerala (1973) questioned the extent of Parliament's power to amend Fundamental Rights.

3. 44th Amendment Act, 1978

   • To avoid further legal challenges, the government repealed Article 31 and shifted the right to property to Article 300A, making it a constitutional but not a fundamental right.

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Impact of Repeal

1. Property is No Longer a Fundamental Right

   • Citizens cannot directly approach the Supreme Court under Article 32 for property-related violations.
   • However, they can challenge wrongful deprivation of property under Article 226 (writ jurisdiction of High Courts).

2. Government's Power to Acquire Land Increased

   • The State can now acquire private property more easily, provided it follows due legal procedures.

3. Protection under Article 300A

   • While the right to property is no longer fundamental, the government cannot take property arbitrarily.
   • Any acquisition must be done with legal backing and fair compensation.

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Conclusion

Article 31 was an important provision that balanced individual rights with the government’s need for land acquisition. However, it created legal obstacles for land reforms and was eventually removed as a Fundamental Right. Today, the Right to Property is protected under Article 300A, ensuring that property cannot be taken without due process of law.