Do you know the ‘Right to Property’ was a fundamental right until 1978? The fundamental Right to property was changed to a constitutional right through the 44th Constitutional Amendment Act, 1978. Other than this, there are a series of important provisions related to land in the Indian constitution. 99acres.com has compiled a list of significant provisions related to land, which found a place in the statute book.
In India, owning a piece of land has been associated with the societal reputation of a person since ages. After getting freedom from the British, the constitutional experts included provisions that guaranteed some rights related to land and property ownership to the citizens of India. 99acres.com has compiled a list of significant provisions related to land, which found a place in the statute book.
Right to property
The Right to property was a fundamental right under Article 19 (1) (f) and Article 31 of the Indian constitution. This Article guaranteed to the Indian citizens a right to acquire, hold and dispose of the property. Article 31 categorically said that no person shall be deprived of his property by the authority of law.
However, by the 44th Constitutional Amendment Act, 1978, the Right to property was changed to a constitutional right, and a new Article 300A was introduced. It was done to discourage the zamindari system and to redistribute land to the landless people of India.
According to Devendra Sharma, lawyer and owner of B & D Law Associates, Jaipur, says, “The Right to Property was already subject to some conditions that the land can be taken by the authority in accordance with the law or in the public interest. However, the 44th amendment changed its nature from fundamental to legal and explicitly took it out of the fundamental rights.”
The fifth schedule
The fifth schedule of the constitution covers regions in 10 States viz Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. These States have large indigenous and tribal populations. The provision gives them the power to administer their land and resources, in accordance with their customs. This was a right which authorities have sought to dilute, saying the land is needed to develop the industry to generate jobs and income in underdeveloped areas.
The sixth schedule
The sixth schedule of the constitution covers the four northeastern States (Assam, Meghalaya, Tripura and Mizoram) that have a large indigenous and tribal population and grants them rights over their land and resources. It allows the formation of Autonomous District Council. Recently, the Supreme Court of India has ruled that indigenous people of Meghalaya (which is covered under the law) have full rights over the land and all its resources and that only the indigenous people can grant permission for the mining activities.
A clause under Article 371 of the Indian constitution applies to the northeastern State of Nagaland. It protects the customary laws and practices of the indigenous Naga people. It also protects their Right to Ownership and transfer of land and resources. A separate clause extends similar protections and privileges to the aboriginal Mizo people of Mizoram.
The PESA Act
The Panchayat (Extension to Scheduled Areas) Act (PESA), 1996, gives power over land and other resources to village councils in the 10 Indian States covered by the fifth schedule and recognises their customary laws, rituals and practices. The consent of village councils is mandatory for land acquisitions by the State, mining licenses and other development projects.
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