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Q114 (IAS/2005) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Property Answer Verified

Consider the following statements: 1. Article 301 pertains to the Right to Property. 2. Right to Property is a legal right but not a fundamental right. 3. Article 300 A was inserted in the Constitution of India by the Congress Government at the Center by the 44lh Constitutional Amendment. Which of the above statements are true?

Result
Your answer: —  Â·  Correct: A
Explanation

Statement 1 is false: Article 301 deals with freedom of trade, commerce and intercourse among States, not the right to property [1]. Statement 2 is true: the Constitution (Forty-fourth Amendment) removed the right to property from Part III and inserted Article 300A outside Part III, making property a legal/constitutional right rather than a fundamental right [3]. Statement 3 is false: the 44th Amendment carrying out this change was enacted by the Janata Government under Morarji Desai, which omitted Articles relating to property and transposed the provision to Article 300A; it was not a Congress Government enactment [3]. Therefore only statement 2 is correct.

Sources

  1. [1] https://www.mea.gov.in/Images/pdf1/Part13.pdf
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > PRESENT POSITION OF RIGHT TO PROPERTY > p. 102
  3. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 93
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