Under Part III, Article 31 of Indian Constitution was one of the most important rights guaranteed to citizens in the early years of India’s independence. Known as the right to property article, it protected individuals from arbitrary seizure of their property by the government. It laid down that no person could be deprived of their property without legal authority and fair compensation.

However, with time, this provision conflicted with India’s push for land reforms and poverty reduction. As a result, Parliament introduced article 31a, article 31 b of Indian Constitution, and article 31 c of Indian Constitution to protect reform laws from being struck down under art 31.

Eventually, the 44th Constitutional Amendment Act of 1978 removed Article 31 of Constitution of India from the list of fundamental rights. Its essence now survives in Article 300A, where the right to property is a legal—not fundamental—right. Understanding what is article 31 of Indian Constitution helps trace the country's journey from individual rights to collective welfare. Explore in-depth analysis of other Constitutional Articles.

Article 31 of Indian Constitution (Before Repeal)

Compulsory acquisition of property

Omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).

(1) No person shall be deprived of his property save by authority of law.

(2) No property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of the compensation, or specifies the principles on which, and the manner in which, the compensation is to be determined and given.

(3) No such law as is referred to in clause (2) made by the Legislature of a State shall have effect unless such law, having been reserved for the consideration of the President, has received his assent.

(4) If any Bill pending at the commencement of this Constitution in the Legislature of a State has, after it has been passed by such Legislature, been reserved for the consideration of the President and has received his assent, then, notwithstanding anything in this Constitution, the law so assented to shall not be called in question in any court on the ground that it contravenes the provisions of clause (2).

(5) Nothing in clause (2) shall affect—

(a) The provisions of any existing law other than a law to which the provisions of clause (6) apply, or

(b) The provisions of any law which the State may hereafter make—

(i) for the purpose of imposing or levying any tax penalty, or

(ii) for the promotion of public health or the prevention of danger to life or property, or

(iii) in pursuance of any agreement entered into between the Government of the Dominion of India or the Government of India and the Government of any other country, or otherwise, with respect to property declared by law to be evacuee property.

(6) Any law of the State enacted not more than eighteen months before the commencement of this Constitution may within three months from such commencement be submitted to the President for his certification; and therefore, if the President by public notification so certifies, it shall not be called in question in any court on the ground that it contravenes the provisions of sub-section (2) of section 299 of the Government of India Act, 1935.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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What is Article 31 of Indian Constitution? It originally focused on the compulsory acquisition or requisition of property by the state. It ensured that no one could lose their property without legal backing and proper compensation.

Article 31 1 of Indian Constitution provided that property could not be taken away unless it was done by a law passed by the legislature . Article 31 2 of Indian Constitution further emphasized that such acquisition had to be for a public purpose and the law must either fix the amount of compensation or state how it would be calculated .

Importantly, under article 31, the adequacy of compensation could not be challenged in court. This created tension between personal rights and the state’s socio-economic goals. To support reform, Parliament added article 31a of Indian Constitution, article 31 b, and article 31 c of Indian Constitution, shielding laws from judicial review.

Eventually, the 44th Amendment Act, 1978 deleted article 31. Its key ideas now exist in Article 300A, which gives property protection as a legal right, not a fundamental right. While it ensures lawful acquisition, it doesn’t offer the same strong protection as the original 31 article of Indian Constitution.

Article 31 to Article 300A Key Transition

The Key transition of Article 31 to 300A of Constitution of India has been explained as under, they are-

• Original Provisions:
  Article 31 included clauses (1) and (2) to guarantee the right to property and restrict the state's power to acquire property without following due process .
• Compulsory Acquisition:
  Article 31(2) stated that compulsory acquisition must serve a public purpose and follow a law that offers compensation.
• Compensation Rule:
  The law had to either fix the compensation amount or lay down clear rules for its determination. Courts could not question the adequacy of this compensation.
• Deletion and Replacement:
  The 44th Amendment Act (1978) removed article 31 from Part III (Fundamental Rights). A redefined version of its principles was inserted as Article 300A—marking a shift from fundamental to legal right.
• Article 300A:
  While not part of fundamental rights, it ensures that no one can be deprived of property except by authority of law, preserving procedural fairness. However, it doesn’t grant absolute protection like the original right to property article.

Some of the landmark cases relating to Article 31 of Constitution of India are explained below, they are -

1. Kameshwar Singh v. State of Bihar (1952)

This case upheld Bihar’s land reform laws . It affirmed that article 31a could override article 31 allowing land redistribution for public good .

2. Golaknath v. State of Punjab (1967)

The Supreme Court ruled that Parliament could not amend fundamental rights, including article 31. This led to the 24th Amendment, restoring Parliament’s amendment powers.

3. Kesavananda Bharati v. State of Kerala (1973)

This landmark ruling introduced the basic structure doctrine . It clarified that while Article 31 of the Indian Constitution could be changed Parliament could not damage the Constitution’s core values .

4. Minerva Mills v. Union of India (1980)

The Court limited article 31 c of Indian Constitution, stating that directive principles could not completely override fundamental rights. This restored some balance.

Article 31 of Indian Constitution Significance

Article 31 of Constitution of India once served as a guardian of individual property rights . In a time when property symbolized wealth and security, this article ensured that the government could not seize private land without law and compensation .

Yet, the very strength of art 31 became a hurdle when India sought to dismantle feudal structures and promote equitable land ownership. Landowners frequently challenged reforms, slowing progress . That’s why article 31a, article 31 b of Indian Constitution and article 31 c of Indian Constitution were introduced .

The repeal of article 31 through the 44th Amendment was a major step. It reflected India’s shift from individualism to collective welfare. By making the right to property a legal right under Article 300A, the state retained its reformative powers while maintaining legal safeguards .

Even without its fundamental status, article 31 of Indian Constitution remains significant. It marked the evolution of India’s constitutional philosophy from protecting privilege to enabling progress .

Article 31 of Indian Constitution Developments and Amendments

Several amendments reshaped the scope of article 31 :

1st Amendment (1951)

Introduced article 31a, protecting agrarian reform laws from legal challenges. It prevented courts from striking down land redistribution acts.

4th Amendment (1955)

Changed article 31 2 of Indian Constitution by removing court authority over compensation adequacy. The government’s decision on compensation became final.

17th Amendment (1964)

Expanded article 31a of Indian Constitution to include more types of landholdings under state control.

25th Amendment (1971)

Created article 31 c of Indian Constitution, giving laws implementing directive principles priority over certain fundamental rights.

44th Amendment (1978)

Deleted article 31 and removed the right to property from Part III. Introduced Article 300A under Part XII, giving it the status of a constitutional legal right.

These amendments highlight how article 31 of Constitution of India was shaped to fit India's evolving social and economic goals. Although 31 article is no longer a part of fundamental rights, its legacy endures in India’s pursuit of inclusive growth.

Conclusion 

Article 31 of Indian Constitution was once a key pillar of personal liberty. It assured citizens that their property could not be taken without legal authority and fair compensation. Over time, however, the focus shifted to economic reforms and redistributive justice.

As India aimed to remove social inequalities, article 31 began to conflict with land reform laws. To resolve this, provisions like article 31a, article 31 b of Indian Constitution, and article 31 c of Indian Constitution were added, allowing the state more freedom to serve public welfare.

The final shift came with the 44th Amendment Act, which removed article 31 and placed its key principles in Article 300A. This marked a move from absolute individual rights to state-regulated fairness. Now, while the right to property is no longer a fundamental right, it is still protected as a legal right.

Understanding what is article 31 of Indian Constitution gives insight into how India’s legal system adjusts to changing social needs. The story of article 31 is a lesson in constitutional flexibility and the pursuit of justice.