Step 1: Understanding the Concept:
The Indian Constitution, at its inception in 1950, guaranteed the "Right to Property" as a Fundamental Right under two distinct provisions: Article 19(1)(f), which guaranteed the right to acquire, hold, and dispose of property, and Article 31, which protected against the compulsory acquisition of property without compensation.
However, these provisions became a major point of contention between the Judiciary and the Parliament as the government attempted to implement socialist reforms and land redistribution policies.
To address the legal stalemates that occurred when private property owners challenged land reform laws, the status of this right was eventually changed from a fundamental right to a constitutional/legal right.
Step 2: Detailed Explanation:
The change was finally solidified by the 44th Constitutional Amendment Act, which was passed in 1978 during the tenure of the Janata Party government led by Morarji Desai.
This amendment was particularly significant as it was designed to restore several democratic principles that were curtailed during the Internal Emergency (1975–1977) and to undo several changes made by the 42nd Amendment.
By virtue of the 44th Amendment, Articles 19(1)(f) and 31 were repealed from Part III (Fundamental Rights) of the Constitution.
Instead, a new provision, Article 300A, was inserted into Part XII of the Constitution under the heading "Right to Property."
Article 300A explicitly states: "No person shall be deprived of his property save by authority of law."
This shift means that while the right to property is still a constitutional right, it is no longer a fundamental right.
The practical implication of this is that an individual cannot directly approach the Supreme Court under Article 32 for the enforcement of the right to property.
Instead, a person whose property rights are violated must seek a remedy through a High Court under Article 226 or by filing a civil suit in a regular court of law.
Furthermore, the legislature now has the power to regulate or restrict this right through ordinary legislation without being subject to the strict scrutiny applied to fundamental rights.
Other options for context:
- The 42nd Amendment (1976) is known as the "Mini-Constitution" and introduced the words 'Socialist', 'Secular', and 'Integrity' into the Preamble.
- The 52nd Amendment (1985) introduced the anti-defection law (10th Schedule).
- The 61st Amendment (1989) lowered the voting age for Lok Sabha and Assembly elections from 21 years to 18 years.
Step 3: Final Answer:
The 44th Constitutional Amendment Act (1978) is the legislation that removed the Right to Property from the list of Fundamental Rights in India.