Question

Which of the following Amendment Act of the Constitution deleted the Right to Property from the list of Fundamental Rights?

• A. 37th Constitution Amendment Act 1975
• B. 38th Constitution Amendment Act 1975
• C. 44th Constitution Amendment Act 1978
• D. 42nd Constitution Amendment Act 1976

Answer 1

Answer:

C. 44th Constitution Amendment Act 1978

• Right to Property – Fundamental Right & 44th Amendment in 1978

  • The Supreme Court observed that when the incident took place in 1967, the Right to Property was still a Fundamental Right under Article 31.
  • Article 31(2) had mentioned that only after due compensation was paid to the person by the Government, the Government would get the right to take over private property and use it only for public purposes.
  • Article 31(1) of the Constitution had made it clear that private property could not be taken by the Government through an executive order but only through the authority of law.
  • The above laws were preventing the Government from carrying out public infrastructure projects and other agrarian reforms as people started approaching the courts during the land acquisition by the Government.
  • Hence there was an amendment to the Constitution of India in 1978.
  • It was the 44th amendment of the Constitution of India which declared that the Right to Property will no longer be a Fundamental Right.
  • Article 31 and Article 19(1)(f) was completely removed from Part III – Fundamental Rights of Constitution with the help of the 44th Amendment.
  • The Supreme Court reminded the State Government that the State had to follow the authority of law and due procedure of law before taking the private property of a person. This needs to be done as per provisions mentioned in Article 300A.