Eminent domain
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
Eminent domain is the State's power to take private property for a public purpose, such as a road or a dam. In India, the State must use this power under Article 300A, which says no one can lose property "save by authority of law" (only through a valid law). Today it works through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013.
Example
Under the LARR Act, 2013, land acquisition needs a social impact assessment, which studies how the project will affect local people. Private projects need the consent of 80% of affected families, and PPP projects need 70%. In rural areas, compensation can be up to four times the market value.
Don't confuse with
- Article 300A: Article 300A is the right of the owner. Eminent domain is the power of the State that the right limits.
Related concepts
- State under Article 12
- Horizontal application of fundamental rights
- Laws inconsistent with fundamental rights
- Doctrine of eclipse
- Doctrine of severability
- Doctrine of waiver
- Reading down
- Right to property
- Article 31A
- Article 31B