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Art. 31 Part III: Fundamental Rights

(Repealed) Compulsory Acquisition of Property

Exact text — Constitution of India

[This Article, which originally protected against compulsory acquisition of property except by law and for compensation, was repealed by the 44th Amendment, 1978. The right to property was thereby removed from Part III's Fundamental Rights and downgraded to a legal right under Article 300A in Part XII.]

In Plain English

What this Article actually means

Article 31 originally made the right to property a Fundamental Right, requiring the State to pay compensation for compulsory acquisition and allowing this to be directly enforced via Article 32. It became a major battleground in the 1950s-70s between Parliament (trying to push land reform without heavy compensation burdens) and the courts (protecting property owners) — leading to several constitutional amendments (like Articles 31A-31C) narrowing its protection, before it was removed as a Fundamental Right altogether by the 44th Amendment in 1978 and replaced by the much weaker Article 300A.

Why This Matters To You

How it shows up in everyday life

You'll still hear lawyers and older judgments refer to 'Article 31 rights' — but since 1978, this Article no longer exists in operative form, and property protection today runs through Article 300A (a legal right, enforceable only through ordinary courts, not directly via Article 32's fast-track Supreme Court route) — see our Land & Property Rights category for what protection remains today.

Read alongside this one

Art. 300A — Right to Property Art. 31A — Saving of Laws Providing for Acquisition of Estates

Frequently Asked

Quick answers about Article 31

Why was the right to property removed as a Fundamental Right?

Mainly to give Parliament and State legislatures more freedom to implement land reform and redistribution (like abolishing zamindari) without every acquisition being challenged and delayed in the Supreme Court under the old, stronger Article 31 protection.

Does this mean the government can take my property freely today?

No — Article 300A still requires 'authority of law' and, for compulsory acquisition specifically, the 2013 Land Acquisition Act requires fair compensation; the difference is mainly about which court route and how strong the underlying right is, not that all protection vanished.

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The text above reproduces Article 31 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.