Question map
Which one among the following was eliminated by the 44th Amendment Act of the Parliament ?
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due to conflicts between the judiciary and the government regarding land reforms and compensation, the 44th Amendment repealed these articles from Part III [2].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] 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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > CHAPTER 8 Fundamental Rights > p. 74