eminent domain
Eminent domain is the power of compulsory acquisition. Its two conditions in classical theory are a public purpose and compensation. In India the right to property was a fundamental right under Articles 19(1)(f) and 31 until the 44th Amendment (1978); it is now a constitutional right under Article 300A, which says no person shall be deprived of property save by authority of law.
Article 300A does not expressly require compensation, but deprivation must be by a valid law, and a law that is arbitrary can be challenged. Acquisition of land is now governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which requires a social impact assessment, consent in some private projects, and compensation with rehabilitation.
Example
The State's power of eminent domain was validly exercised for the highway, but the acquisition needed a law and compensation under the 2013 Act.
In Indian law
- Article 300A, Constitution of India
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
See also
Read more in the study notes
- The Mediation Act, 2023: scheme, enforcement and status (Alternative Dispute Resolution Systems)
- Limitation Act, 1963: salient features, bar of limitation, condonation of delay and legal disability (Civil Procedure Code and Limitation Act)
- Articles 29 and 30: cultural and educational rights of minorities (Constitutional Law I)
- Right to property before and after 1978 (Constitutional Law I)
- Rights of tribals, minorities and racial groups (Human Rights Law and Practice)
- New States, special status and the Scheduled and Tribal Areas (Indian Constitutional Law - New Challenges)