Right to Property: Constitutional Policy after 44th Amendment and its Relevance in Present Times

The right to property has undergone significant transformation within the Indian constitutional framework, especially following the enactment of the 44th Amendment Act, 1978. Originally enshrined as a fundamental right under Article 31, the right to property was relegated to a constitutional legal right through Article 300A, thereby altering the citizen-state relationship in matters of property ownership and acquisition. This paper critically examines the evolution of the right to property, tracing its doctrinal foundations, including the principles of eminent domain and adverse possession, and analyses the legal and constitutional ramifications post-1978. Through a doctrinal and analytical approach, the study evaluates the socio-legal implications of this shift, the judiciary’s interpretative role, and whether the current status of the right adequately protects individuals from arbitrary state action. Furthermore, the research explores whether the classification of the right to property as merely a legal right suffices in the context of modern economic and human rights frameworks. By revisiting judicial trends and socio-political developments, this study highlights the ongoing relevance and challenges associated with property rights in contemporary India.