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

Question

Question

This question was previously asked in

UPSC Civil Services Exam (Prelims) General Studies Official Paper-I (Held On: 10 Oct 2021)

Answer 1

The correct answer is Option 2.

Key PointsRight to Property:

Article 300A:
- No person shall be deprived of his property save by authority of law."
- Now, under Article 300A, the Right to Property is a legal right that protects individuals from being deprived of their property without legal authority.
- This right is available to any person, not just Indian citizens. Even non-citizens are protected from arbitrary deprivation of property. Hence, option 1 is incorrect.
44thAmendment Act, 1978:
- In 1978, through the 44th Constitutional Amendment Act, the Right to Property was removed as a Fundamental Right.
- Article 31 was repealed, and Article 300A was introduced under Part XII of the Constitution.
- It is made a legal right under Article 300-A in Part XII of the Constitution. Hence, option 2 is correct.
Not a Fundamental Right:
- If someone’s property is taken away illegally, they can approach a court under ordinary legal procedures, but they cannot claim the protection of Fundamental Rights in the Supreme Court under Article 32.
- Amendments for this purpose are made to article 19 and article 31 is deleted. Hence, option 3 is incorrect.
Legal right under Article 300A:
- Article 300 A of the constitution of India says that a person shall not be deprived of his property save by the authority of the law. Hence, option 4 is incorrect.