Associate Professor, Rampur College of Law, Milak, Rampur (UP) India
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The Illusion of Absolutism: The Right to Property in India as a Conditional Constitutional Guarantee
International Journal of Law, Human Rights and Social Sciences Research International Open Access, Peer-reviewed, Refereed Journal
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10.65919/ijlhssr.2026.v2i1002
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Abstract
This article examines the constitutional evolution and contemporary status of the right to property in India, arguing that it functions as a conditional constitutional guarantee rather than an absolute right. It traces the historical shift from Articles 19(1)(f) and 31 to Article 300A following the 44th Constitutional Amendment, highlighting how legislative reforms, judicial interpretation, and the doctrine of eminent domain have progressively subordinated private ownership to public purpose, social welfare, and developmental priorities. The study analyses major constitutional cases, including Golak Nath, Kesavananda Bharati, Minerva Mills, K.T. Plantation, Vidya Devi, and other recent decisions discussed in the article, to show that judicial protection now focuses primarily on lawful procedure, non-arbitrariness, compensation, and fairness rather than an unrestricted right to retain property. It also evaluates the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and considers the interaction of property rights with Articles 14 and 21, Directive Principles, infrastructure development, environmental protection, and emerging forms of digital property. Through comparative reference to the United States, United Kingdom, and South Africa, the article concludes that India follows a pragmatic model in which ownership is protected, but remains subject to constitutionally valid public-interest limitations and state acquisition.
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Received
06 January 2026
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11 February 2026
Published
30 March 2026
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How to Cite
Singh, M. (2026). The Illusion of Absolutism: The Right to Property in India as a Conditional Constitutional Guarantee. International Journal of Law, Human Rights and Social Sciences Research, 2(1), 15-23. https://doi.org/10.65919/ijlhssr.2026.v2i1002
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References
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- Constitutional Provisions:
- • Constitution of India, Articles 14, 19(1)(f) (repealed), 21, 31 (repealed), 31A, 31B, 31C, 39(b), 39(c), and 300A.
- • 44th Constitutional Amendment Act, 1978.
- Statutes:
- • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- • The Land Acquisition Act, 1894 (Repealed).
- • Land Acquisition (Amendment) Bill, 2020 (Lapsed).
- Case Law:
- • State of West Bengal v. Bela Banerjee [1954] SCR 558.
- • Golak Nath v. State of Punjab [1967] 2 SCR 762.
- • Kesavananda Bharati v. State of Kerala [1973] 4 SCC 225.
- • Minerva Mills v. Union of India [1980] 3 SCR 1076.
- • Narmada Bachao Andolan v. Union of India [2000] 10 SCC 664.
- • Jilubhai Nanbhai Khachar v. State of Gujarat [1995] Supp (1) SCC 596.
- • K.T. Plantation Pvt. Ltd. v. State of Karnataka [2011] 9 SCC 1.
- • M. Nagaraj v. Union of India [2006] 8 SCC 212.
- • Vidya Devi v. State of Himachal Pradesh [2020] 12 SCC 234.
- • Union of India v. Pramod Kumar [2023] (Supreme Court, unreported).
- • Sunil Kumar v. Union of India [2024] (Supreme Court, unreported).
- • Mumbai Metropolitan Region Development Authority v. Slum Dwellers' Association [2025] (Supreme Court, unreported).
- • Association of Landowners v. Union of India [2026] (pending).
- • Crypto Exchange v. RBI [2024] (Supreme Court, unreported).
- Commentaries & Books:
- • D.D. Basu, Commentary on the Constitution of India (Vol. 6, 8th Ed., 2016).
- • M.P. Jain, Indian Constitutional Law (8th Ed., 2018, LexisNexis).
- • Granville Austin, Working a Democratic Constitution: A History of the Indian Experience (Oxford University Press, 1999).
- • H.M. Seervai, Constitutional Law of India (4th Ed., 2015).
- • Upendra Baxi, The Indian Supreme Court and Politics (1980).
- Articles & Reports:
- • G.B. Reddy, "Right to Property in India: A Constitutional Overview" (2013) 3 Journal of the Indian Law Institute 45.
- • S. Ramanathan, "The Right to Property in India: A Historical Perspective" (2002) 37(45) Economic and Political Weekly 4501.
- • Finance Commission of India, Report on Land Acquisition and Infrastructure Financing (2025).
- • Ministry of Law and Justice, Circular on Strategic Infrastructure Acquisition (2025).
- • Ministry of Electronics and IT, Draft Data Protection Policy (2025).
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