Question map
The right to property was removed from the list of Fundamental Rights enlisted, in the Constitution of India through which one of the following Amendments ?
Explanation
The right to property was originally a fundamental right under Article 19(1)(f) and Article 31 of the Indian Constitution [c1][c2]. However, it was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978, enacted during the Janata Government's tenure [c2][t9]. This amendment repealed Article 19(1)(f) and Article 31 from Part III and inserted a new Article 300A in Part XII [c1][t7]. Consequently, the right to property transitioned from a fundamental right to a legal or constitutional right, ensuring that no person is deprived of their property except by the authority of law [c1][t10]. Other options like the 73rd Amendment pertain to Panchayati Raj institutions [t3][t6], while the 44th specifically addressed the socio-economic need for land reforms by altering property status [t9].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > PRESENT POSITION OF RIGHT TO PROPERTY > p. 102
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 93
- [3] http://tribal.nic.in/FRA/data/LandandGovernanceunderFifthSchedule.pdf
- [4] https://files.acquia.undp.org/public/migration/in/UNDP-Policy-Brief-on-PESA.pdf