[Answered] Analyze the evolution of property rights in India post-independence and its impact on the balance between individual rights and the state’s power of eminent domain. (250 words)

Property rights in India have undergone a significant transformation since independence, with a complex interplay between individual rights and the state’s power of eminent domain (land acquisition for public purposes).

• Property Rights as a Fundamental Right: Initially, the property right enjoyed the highest level of protection as a fundamental right. A landmark case, Bela Banerjee, established the concept of “just compensation” for acquired property. This limited the government’s power to take land cheaply.
• Legislative Response: The government, unhappy with Bela Banerjee, passed the 4th Amendment, preventing courts from questioning compensation adequacy. In response, courts scrutinized the principles used by the government to determine compensation, ensuring some fairness.
• Weakening of Property Rights: The 25th Amendment replaced “compensation” with “amount” in Article 31(2), making the amount non-reviewable by courts. Kesavananda Bharati upheld the amendment but allowed courts to examine the principles for determining the amount, partially restoring the “just compensation” concept.
• Deletion of Property Rights as Fundamental Rights: The Janata Party, aiming for a socialist state, saw property rights as an obstacle. The 44th Amendment removed the right to property from fundamental rights and introduced Article 300A with a weaker guarantee. The Supreme Court linked Article 300 A to Articles 14, 19, and 21, demanding a just, fair, and reasonable process. The Kolkata Municipal Corporation case established seven facets protected under Article 300A, including fair compensation.
• Land Acquisition Act of 2013: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013 further reshaped the landscape of property rights in India. This Act was introduced to address the widespread dissatisfaction with forcible land acquisitions under the previous framework.

Impact on Balancing Individual Rights and Eminent Domain

• The evolution of property rights in India post-independence shows a shift from strong individual protections towards greater state intervention. Initially, the Constitution aimed to safeguard individual property rights, but socio-economic imperatives necessitated greater state control over land acquisition.
• The transition from Article 31 to Article 300A marked a crucial shift in favor of the state, while the 2013 Act introduced safeguards to ensure fair treatment of landowners, yet maintained the state’s overarching authority.

Conclusion

The evolution of property rights in India reflects the ongoing tension between individual rights and the state’s need for development projects. While the right is no longer fundamental, the judiciary strives to create a balance by ensuring fair treatment and compensation during acquisition.