What Property Rights You Should Know About This Ambedkar Jayanti

Dr B. R. Ambedkar, also referred to as the father of Indian Constitution, laid down fundamental principles governing the private property rights of people of India. In the Constitution drafted by Ambedkar in 1950, every citizen in India had Right to Private Property, which meant that they were free to acquire, hold and dispose of property at their will, subject to government’s right to acquire property for public purposes. Ambedkar, however, was not a consistent defender of private property rights. There were inconsistencies in his position on private property rights in the draft of the Constitution. On Ambedkar Jayanti as India celebrates the lawmaker’s birthday, PropTiger.com looks into the importance Ambedkar granted to private property rights in the original draft of the Constitution and how successive governments have modified those constitutional provisions over the years.

What does the original draft of the Indian Constitution say on private property rights?

Even though the right to private property was never an absolute right in the Indian Constitution, according to the original draft, every Indian is granted the right to acquire, hold and dispose of property as he wishes. This is, however, limited by the restrictions the state imposes to serve public welfare or to protect the interests of scheduled tribes. According to the original draft, no one shall be deprived of the Right to Private Property except when the law permits it.

But, the state was granted the right to violate private property rights when it is for a public purpose, and when property owners are adequately compensated. But, in the next three decades, governments made certain amendments, including that property owners cannot question the inadequacy of compensation in the court. The governments no longer had to adequately compensate the owners if property was acquired for estates, intermediate rights or for social redistribution of wealth. 

The 44th Constitution Amendment Bill

The 44th constitution amendment bill in 1978 said that the right to property then onward would only be a legal right and not a fundamental right. However, within the limits of the law, the right to own property would be respected. This amendment also spared educational institutions run by minorities and agricultural land if it is within the ceiling limit to receive compensation at market value.

Many believe that the 44th amendment was a death blow to private property rights in India because if someone’s private property rights are infringed upon, he no longer has the right to file a writ in the Supreme Court.