What is Police Power?
Police power refers to the State’s authority to regulate behavior and enforce order for the betterment of health, safety, morality, and general welfare. This power is inherent and does not require any express constitutional provision.
Key Characteristics:
- Aims to regulate rather than take away property.
- Involves no compensation for loss or inconvenience caused.
- Used to enforce public health laws, safety regulations, zoning laws, and environmental controls.
- Often exercised through legislation, such as the Epidemic Diseases Act or Building Code Regulations.
Example:
If the government demolishes an illegal construction violating fire safety norms, it acts under police power. The owner cannot demand compensation because the structure was unsafe or unlawful.
What is Eminent Domain?
Eminent domain is the legal power of the State to compulsorily acquire private property for public use, with payment of just compensation. This right is subject to constitutional limits.
Key Characteristics:
- Involves permanent deprivation of property.
- Requires public purpose as justification.
- Compensation is mandatory under Article 300A of the Indian Constitution.
- Regulated by laws like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Example:
If the government acquires farmland to build a highway, it exercises eminent domain. The landowner receives compensation and rehabilitation under the applicable law.
Constitutional Basis
Police Power:
Though not explicitly mentioned, the Directive Principles of State Policy (Articles 39, 47) justify its use. Courts recognize this power as necessary for public welfare.
Eminent Domain:
Earlier under Article 31, the right to compensation was part of the right to property. After the 44th Constitutional Amendment, Article 31 was repealed. Now, Article 300A ensures that no person is deprived of property except by authority of law, making compensation a legal requirement in land acquisition.
Key Differences Between Police Power and Eminent Domain
| Feature | Police Power | Eminent Domain |
|---|---|---|
| Purpose | Regulate conduct for public welfare | Acquire land for public use |
| Ownership | Remains with individual | Transfers to the State |
| Compensation | Not required | Required |
| Legal Basis | Inherent power, supported by statutory law | Article 300A and land acquisition laws |
| Example | Closing a polluting factory | Acquiring land to build a dam |
Judicial Perspective
Indian courts have consistently upheld both powers, but with strict scrutiny. In State of West Bengal v. Subodh Gopal Bose (1954), the Supreme Court emphasized that compensation must be fair under eminent domain. In contrast, courts support police power when it protects public interest, even if it restricts property rights, as seen in Municipal Corporation of Greater Mumbai v. Kamla Mills Ltd. (2001).
