Question map
The citizens of India do not have which one of the following Fundamental Rights ?
Explanation
The Constitution of India originally guaranteed seven fundamental rights under Article 19. However, the 'Right to acquire, hold and dispose of property' was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978 [2]. This amendment repealed Article 19(1)(f) and Article 31 from Part III of the Constitution [3]. Consequently, the right to property was transitioned into a legal or constitutional right under Article 300A in Part XII, meaning it is no longer a Fundamental Right [3]. In contrast, the rights to reside and settle in any part of India [Article 19(1)(e)], to practice any profession [Article 19(1)(g)], and to form co-operative societies [Article 19(1)(c)] remain protected Fundamental Rights under the current framework of Article 19 [1].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 85
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 93
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > PRESENT POSITION OF RIGHT TO PROPERTY > p. 102