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Q36 (CDS-I/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Property Answer Verified

Which one among the following was eliminated by the 44th Amendment Act of the Parliament ?

Result
Your answer: —  Â·  Correct: C
Explanation

The 44th Amendment Act of 1978, enacted by the Janata Government, eliminated the Right to Property from the list of Fundamental Rights [2]. Originally, the Constitution provided for seven fundamental rights, including the Right to Property under Article 19(1)(f) and Article 31 [3]. However, due to conflicts between the judiciary and the government regarding land reforms and compensation, the 44th Amendment repealed these articles from Part III [2]. Instead, it inserted Article 300A in Part XII, transforming the Right to Property into a legal or constitutional right rather than a fundamental one [1]. This change meant that while individuals can still seek remedies in High Courts under Article 226, they can no longer approach the Supreme Court directly under Article 32 for property right violations. Other rights like the Right against Exploitation and Right to Constitutional Remedies remain fundamental rights [3].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > PRESENT POSITION OF RIGHT TO PROPERTY > p. 102
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 93
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > CHAPTER 8 Fundamental Rights > p. 74
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SIMILAR QUESTIONS

IAS · 2017 · Q97 Relevance score: 0.07

Which of the following are envisaged by the Right against Exploitation in the Constitution of India ? 1. Prohibition of traffic in human beings and forced labour 2. Abolition of untouchability 3. Protection of the interests of minorities 4. Prohibition of employment of children in factories and mines Select the correct answer using the code given below :

CDS-II · 2012 · Q53 Relevance score: -0.07

Which one among the following is not included in the Fundamental Rights embodied in the Constitution of India?

IAS · 2020 · Q94 Relevance score: -0.31

Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination ?

CDS-II · 2011 · Q79 Relevance score: -0.32

Which of the following are envisaged as being part of the ‘Right against Exploitation’ in the Constitution of India ? 1. Prohibition of traffic in human beings and forced labour. 2. Abolition of untouchability. 3. Protection of the interests of the minorities. 4. Prohibition of employment of children in factories and mines. Select the correct answer using the code given below :

CDS-I · 2007 · Q67 Relevance score: -0.73

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 ?