© Law Journals 2021. All Rights Reserved 31 Journal of Constitutional Law and Jurisprudence http://lawjournals.celnet.in/index.php/Jolj/index Research JCLJ Volume 4, Issue 2, 2021 DOI (Journal): 10.37591/JCLJ 44 th Constitutional Amendment, Right to Property and Right to Compensation Irale Vikram Vitthal* Abstract In India, no fundamental right has generated as much debate and as much controversy between government and citizen as the right to property. In liberated India, no fundamental right has caused so much suffering and given rise to so many controversies between governance and the citizen, as the right to property. Whatever laudable the state intends to achieve, it cannot deprive a person of his property or violate this right, except as a rule of law. The purchase can be made against the will of the owners but the guaranteed compensation is paid to the owners or those interested in the land. State can acquire land for public purpose and also for the company under Land Acquisition law but due regard must be given to the amount of compensation, and right to compensation should not get hampered. The term "public purpose” flows from public welfare and the welfare of the people should be the primary focus of any legislative or executive action. Keywords: Amendment, Article, Compensation, Constitution, Corporate, Law, Property, Public INTRODUCTION The Constitutional Law (forty-fourth amendment), 1978, constitutes a crisis in the evolution of the fundamental right to property in this country. This amendment means the end of the fundamental right to property. Articles 19 (1) (f) and 31 are two important fundamental rights who were responsible for the enforcement and protection of right to property, and 44 th amendment to the Constitution made major change the right to property and these two Articles got replaced by said Amendment. The United States Constitution in the Fifth Amendment states, "No person may be deprived of his life, liberty or property without due legal process [1]." In our country, on the other hand, politicians under the impact of socialist philosophy have begun to curtail the institution of private property almost from the very day the constitution came into effect. In liberated India, no fundamental right has caused so much suffering and given rise to so many controversies between governance and the citizen, as the right to property. Logically fundamental rights are negative burden on state and article 19 (1) (f) – right to property was a major obstacle in the acquisition of land for various public purposes. Along with article 19 there was article 31 of the Constitution which has protected the property of the citizens and also provided them compensation on compulsive acquisition of property. Within the Constituent Assembly, there was a consensus on treating major land reform programs on a different footing from other kinds of State acquisition of property [2]. ARTICLES 19 (1) (F) AND 19(5) Until 1978, Art. 19(1) (f) existed in the Indian constitution which gave a protection to private property. Article 300 A was introduced in the *Author for Correspondence P.S. Munawar Hussain E-mail: vikramirale@yahoo.com Assistant Professor, Department of Law, Shivaji University, Kolhapur, Maharashtra, India Received Date: November 08, 2021 Accepted Date: December 15, 2021 Published Date: January 05, 2022 Citation: Irale Vikram Vitthal. 44 th Constitutional Amendment, Right to Property and Right to Compensation. Journal of Constitutional Law and Jurisprudence. 2021; 4(2): 31–35p.