Question

Which of the following was removed from the list of Fundamental Rights?

• A. Right to Equality
• B. Right to Property
• C. Right to Freedom
• D. Right against Exploitation

Answer 1

Answer:

B. Right to Property

• The Right to Property was originally guaranteed as a Fundamental Right under Article 31 of the Indian Constitution.
• It was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act, 1978, enacted during the Janata Party government led by Morarji Desai.
• Following this amendment, the Right to Property was transformed into a Legal Right (or Constitutional Right) and inserted under Article 300A in Part XII of the Constitution.
• As a result of this change, property rights are no longer protected by the Supreme Court under Article 32 (Right to Constitutional Remedies) as a Fundamental Right; instead, they are subject to regulation by ordinary law.
• The original Constitution also included Article 19(1)(f), which guaranteed every citizen the right to acquire, hold, and dispose of property, which was simultaneously repealed by the same 1978 amendment.
• This amendment was a significant shift in constitutional policy, intended to facilitate land reform measures and reduce litigation regarding state acquisition of private land for public purposes.