Right to Property: A Mere Constitutional Protection or Property Law? A Functional Approach towards Comparison of Constitutional Provision and Transfer of Property Act, 1882

This research paper discusses this delicate interaction of protection of the right to property given in the Constitution i.e., under article 300A of Indian Constitution and vast statutory provisions of Transfer of Property Act, 1882 (TPA). In a functional comparative approach from the standpoint of the opponent, the position of property right after 44th Amendment has been critically evaluated in the work by considering the legal, historical and socio-economic causes which led to the removal of fundamental right and the establishment of constitutional right. It poses questions on the legal and statutory systems which govern transaction, ownership and transfer processes and compares them with the constitutional impositions and confines on state action, especially as regards eminent domain and compensation. The paper summarizes historic Supreme Court decisions developing modern jurisprudence and practice tensions between property rights of individuals and societal well-being with the paper expected to offer meaningful contributions to academics, practitioners, and policy makers.