92

Question 92

What is the position of the Right to Property in India?

AOptions

A
A) Legal right available to citizens only
B
B) Legal right available to any person
C
C) Fundamental Right available to citizens only
D
D) Neither Fundamental Right nor legal right

BSolution

Originally, the Right to Property was a Fundamental Right under Article 31 and Article 19(1)(f). However, it was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978. It was then shifted to Part XII of the Constitution and made a legal right under Article 300A. As a legal right under Article 300A, it is available to 'any person', meaning both citizens and non-citizens (juridical persons like companies) can exercise this right, though it can be regulated by ordinary law and does not automatically lead to compensation upon deprivation unless explicitly provided by law.

Diagram for Q92

CStrategy

For questions on fundamental rights, it's crucial to know their historical evolution, especially significant amendments like the 44th Amendment that altered their status. Also, distinguish between rights available only to citizens and those available to all persons.

DSyllabus Analysis

This question falls under Indian Polity, covering Fundamental Rights, Constitutional Amendments, and the distinction between fundamental and legal rights.

EQuestion Analysis

Easy. The status of the Right to Property is a frequently discussed and fundamental topic in Indian Polity.