Social Justice & Welfare·Amendments
Property Rights Amendment — Amendments
Constitution VerifiedUPSC Verified
Version 1Updated 9 Mar 2026
| Amendment | Year | Description | Impact |
|---|---|---|---|
| 1st | 1951 | Introduced Article 31A and 31B, and the Ninth Schedule, to protect land reform laws from judicial review based on Fundamental Rights, particularly property rights. | Attempted to insulate agrarian reform laws from challenges based on Articles 14, 19, and 31, reflecting the early conflict between property rights and social justice. |
| 4th | 1955 | Further amended Article 31A and 31(2) to clarify that the adequacy of compensation for acquired property could not be questioned in courts. | Strengthened the state's power to acquire property for public purposes and limited judicial scrutiny over compensation, intensifying the legislative-judicial tussle. |
| 17th | 1964 | Added more land reform acts to the Ninth Schedule to protect them from judicial review. | Continued the trend of insulating land reform legislation, further highlighting the constitutional challenges posed by property rights as fundamental rights. |
| 25th | 1971 | Replaced the word 'compensation' with 'amount' in Article 31(2) and inserted Article 31C, giving primacy to certain Directive Principles over Fundamental Rights (Articles 14, 19, 31). | A direct legislative response to the Golak Nath judgment, aiming to overcome judicial interpretation of 'compensation' and assert Parliament's power to implement socialist policies. |
| 29th | 1972 | Placed two Kerala Land Reforms Acts in the Ninth Schedule. | Another instance of using the Ninth Schedule to protect specific land reform laws, demonstrating the ongoing struggle to implement agrarian reforms. |
| 42nd | 1976 | Made sweeping changes, including attempts to place constitutional amendments beyond judicial review and giving primacy to Directive Principles over Fundamental Rights (Article 31C expanded). | While not directly removing property rights, it reflected the government's strong desire to overcome judicial impediments to its policies, setting the stage for the post-Emergency corrections. |
| 44th | 1978 | Deleted Article 19(1)(f) and Article 31, and inserted Article 300A, making the right to property a legal right instead of a fundamental right. | The most significant amendment concerning property rights, fundamentally altering its constitutional status and resolving the long-standing conflict between individual property rights and state's socio-economic objectives. |