Home The Constitution Part XII Article 300A

Art. 300A Part XII: Finance, Property, Contracts and Suits

Persons Not to Be Deprived of Property Save by Authority of Law

Exact text — Constitution of India

No person shall be deprived of his property save by authority of law. [Added by the 44th Amendment, 1978]

In Plain English

What this Article actually means

Added in 1978 when the original Fundamental Right to property (Article 31) was removed from Part III, this Article preserves a narrower version of that protection — you still can't be deprived of property except through valid legal authority, but this is now a constitutional/legal right enforced through ordinary courts, not a Fundamental Right you can bring directly to the Supreme Court under Article 32.

Why This Matters To You

How it shows up in everyday life

This Article is the constitutional foundation of your property rights today — while weaker than the original Fundamental Right, it still requires the government to have genuine legal authority (like the RFCTLARR Act, 2013's compensation requirements for land acquisition) before taking your property, and courts have read real substantive protection into the phrase 'by authority of law', not just an empty procedural formality.

Landmark Cases

How courts have interpreted this Article

K.T. Plantation Pvt. Ltd. v. State of Karnataka(2011) 9 SCC 1 — Held Article 300A requires that a law depriving someone of property be a 'valid' law with a genuine public purpose — some substantive protection survives even though it's no longer a Fundamental Right, just enforced differently. Verify this case

Vidya Devi v. State of Himachal Pradesh(2020) 2 SCC 569 — Held the state can't simply take physical possession of private land for a public project without following due legal acquisition process and paying compensation — using land for decades without proper acquisition violates this Article. Verify this case

Read alongside this one

Art. 31 — (Repealed) Compulsory Acquisition of Property Land & Property Rights

Frequently Asked

Quick answers about Article 300A

Since property isn't a Fundamental Right anymore, does that mean weaker protection in practice?

Somewhat — you can no longer go directly to the Supreme Court under Article 32 over a property rights violation, and must instead use ordinary court remedies; but the substantive requirement of valid legal authority and (for compulsory acquisition specifically) fair compensation under the RFCTLARR Act, 2013 still provides meaningful protection.

← PreviousArticle 300: Suits and Proceedings Back toPart XII Overview

The text above reproduces Article 300A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.