Property lawConstitutional rightSupreme Court of India

Jilubhai Nanbhai Khachar v State of Gujarat

AIR 1995 Supreme Court 14219951 min read
The case in brief30-second read
Facts
Petitioners challenged State acquisition of their land. Argued that deprivation without compensation violated their right to property. Constitutional position after 44th Amendment (1978) repealing Art. 19(1)(f) and Art. 31 was in question.
Issue
Whether the right to property under Art. 300A is a fundamental right enforceable under Art. 32, or merely a constitutional right enforceable under Art. 226.
Held
Art. 300A confers a constitutional right, not a fundamental right. No person shall be deprived of property save by authority of law. Executive action without legal backing is invalid, but writ under Art. 32 is not available for Art. 300A violation, only Art. 226 before High Courts.
Principle
Right to property under Art. 300A is a constitutional right (not fundamental); deprivation only by authority of law
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Facts

  • Petitioners challenged State acquisition of their land
  • Argued that deprivation without compensation violated their right to property
  • Constitutional position after 44th Amendment (1978) repealing Art. 19(1)(f) and Art. 31 was in question

Issue

  1. Whether the right to property under Art. 300A is a fundamental right enforceable under Art. 32, or merely a constitutional right enforceable under Art. 226.

Held

  • Art. 300A confers a constitutional right, not a fundamental right. No person shall be deprived of property save by authority of law. Executive action without legal backing is invalid, but writ under Art. 32 is not available for Art. 300A violation, only Art. 226 before High Courts.

Ratio decidendi

The right to property is a constitutional right under Art. 300A. Deprivation must be by authority of law (legislation or executive action traceable to legislation). Absence of legal authority renders deprivation void, but the remedy is Art. 226, not Art. 32.

Exam use

How to use it in an answer

Use in Part A when asked about the constitutional status of property rights post-44th Amendment. Key line: "Right to property is no longer a fundamental right but remains a constitutional right under Art. 300A."

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Citation

Jilubhai Nanbhai Khachar v State of Gujarat AIR 1995 Supreme Court 142

Reported: AIR 1995 Supreme Court 142. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.