What is Article 31 of Indian constitution |
Article 31 of the Indian Constitution originally dealt with the Right to Property, but it has now been removed from the list of Fundamental Rights.
📜 Historical Context of Article 31
Article 31 (before removal) gave citizens the right:
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Not to be deprived of their property unless by authority of law.
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To receive compensation if the government acquired their land/property for public use.
This was meant to protect people from arbitrary land acquisition by the State.
⚠️ Why was Article 31 removed?
Over time, conflicts arose between:
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Land reform laws (for public welfare)
vs. -
Right to property of landlords and big landowners.
To allow governments to carry out land reforms and redistribute land, Article 31 was abolished by the 44th Constitutional Amendment Act, 1978.
🚫 Status After 1978:
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Article 31 is no longer a Fundamental Right.
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Right to Property was moved to:
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Article 300A (in Part XII):
“No person shall be deprived of his property save by authority of law.”
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But now, it's only a legal right, not a fundamental right.
🧾 Key Differences Before and After Removal:
Feature | Before (Article 31) | After (Article 300A) |
---|---|---|
Type of right | Fundamental Right | Constitutional (Legal) Right |
Court protection | Direct remedy in Supreme Court | Only in High Court under writ/judicial review |
Can be suspended in Emergency | ❌ No | ✅ Yes |
📌 Summary
Point | Details |
---|---|
Original purpose | Protect citizens from unlawful property seizure |
Why removed | To allow land reform and social justice |
When removed | 44th Amendment Act, 1978 |
Current replacement | Article 300A — Right to Property (legal right) |
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