The 44th Amendment Act of 1978 removed the right to property from the list of Fundamental Rights in the Indian Constitution. Earlier, the right to property was guaranteed under Article 31, which provided protection against arbitrary acquisition of property by the State. However, this right often came into conflict with the government’s socio-economic policies, particularly land reforms. To resolve this tension and give primacy to the goal of equitable distribution of resources, the 44th Amendment repealed Article 31 and introduced Article 300A under Part XII, making the right to property a constitutional legal right rather than a fundamental one. As a result, while citizens can still claim protection against arbitrary deprivation of property, they can no longer directly approach the Supreme Court under Article 32 for its enforcement. This shift reflects the Constitution’s evolving focus on public interest and social justice over individual property rights.

The 44th Amendment to the Constitution, passed in 1978, removed the right to property from the list of fundamental rights. It was converted into a legal right under Article 300A of the Constitution, making it a statutory right instead of a fundamental one.