Property Rights and Sustainable Development in India

Abstract

Recently, India has witnessed unprecedented economic growth due in large part to an influx of foreign investment capital. But this growth has come with related setbacks. With India’s transition from an agricultural to an industrial economy, many farmlands have been acquired without proper planning or rehabilitation for people displaced by the land acquisition. The present discussion addresses these issues, which have been ignored by the State in its process of drafting and implementing land acquisition related policies and legislation. While this framework is developed in the context of recent land acquisition in India, it is relevant to and engages with broader debates surrounding development, environmental regulations, and the paternalism of the Indian polity. This article analyzes the role of the Indian government in relation to the right to property. Pursuant to an amendment to the Indian Constitution, an individual’s right to property is not a fundamental right, allowing the state considerable leeway to act in this sphere. However, recent land acquisitions in India for various developmental projects have established an inherent correlation between land acquisition and concepts such as sustainable development and environmental impact assessment (EIA). These ideas provide a counterbalance to state power in the land acquisition process, undermining the myth of an unfettered state able to acquire land unchecked by the Constitution. This article also analyzes the significance of key phrases such as “public purpose” and how they function as justification for the exercise of eminent domain.