Article 31: Constitution of India 

Article 31: Constitution of India 

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Article 31: Compulsory Acquisition of Property

⚖️ Bare Act Text

[Omitted by the Constitution (Forty-fourth Amendment) Act, 1978.]

📜 Footnotes

1. Article 31 originally guaranteed the Right to Property as a Fundamental Right.
2. It was omitted by the 44th Constitutional Amendment Act.
3. The Right to Property is now a constitutional legal right under Article 300A, not a Fundamental Right.
4. Earlier, Article 31 dealt with:
   • Compulsory acquisition of property
   • Payment of compensation
5. Its removal reduced the scope of judicial review in property acquisition matters.

🧾 Simple Explanation

Earlier, Article 31 ensured that:

• The government could take private property only for public purposes
• Compensation had to be provided

After its removal:

• Property is no longer a Fundamental Right
• It is still protected, but under a legal/constitutional right (Article 300A)

📌 Key Features (Before Omission)

• Protected private property rights
• Required compensation for acquisition
• Allowed State acquisition for public purposes
• Frequently amended due to land reform laws

⚖️ Important Case Laws

1. Kameshwar Singh v. State of Bihar

• Upheld land reform laws affecting property rights

2. I.C. Golaknath v. State of Punjab

• Held that Fundamental Rights (including property) could not be amended (later overruled)

3. Kesavananda Bharati v. State of Kerala

• Introduced Basic Structure Doctrine
• Property rights debate central to the case

🧠 Illustrations

• Government acquiring land for highway → ✔️ Valid (with law)
• Taking property without authority of law → ❌ Invalid
• No compensation (before 1978) → ❌ Violation
• After 1978: compensation rules governed by law, not FR

📚 Practical Notes

• Article 31 is no longer in force
• Replaced functionally by Article 300A
• Important for understanding constitutional history
• Frequently asked in UPSC, Judiciary exams
• Key topic in land acquisition and amendment debates

❓ FAQs

Q. Is Right to Property still a Fundamental Right?
❌ No — removed in 1978

Q. Where is it now protected?
✔️ Under Article 300A

Q. Can government take property now?
✔️ Yes — but only by authority of law

Q. Why was Article 31 removed?
To facilitate land reforms and reduce litigation

💬 Comments / Legal Insight

The removal of Article 31 marked a significant shift in India’s constitutional philosophy—from individual property rights to social and economic justice.

While property is still protected, its status as a Fundamental Right was diluted to:

• Enable land redistribution
• Support welfare policies

The evolution of this provision reflects the tension between:

• Individual rights
• State-led socio-economic reforms

Article 31: Constitution of India 

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