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Q52 (IAS/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Property Official Key

What is the position of the Right to Property in India?

Result
Your answer: —  ·  Correct: B
Explanation

The correct answer is Option 2.

Originally, the Right to Property was a Fundamental Right under Article 19(1)(f) and Article 31. However, the 44th Amendment Act, 1978, abolished it as a Fundamental Right and reinserted it as Article 300A in Part XII of the Constitution.

  • Legal Right: Article 300A states that "no person shall be deprived of his property save by authority of law." This makes it a constitutional/legal right, not a Fundamental Right.
  • Available to Any Person: The word used in Article 300A is "person," which includes both citizens and non-citizens (including legal entities/corporations). This distinguishes it from certain Fundamental Rights (like Article 19) which are exclusive to citizens.

Option 1 is incorrect because the right extends beyond citizens. Option 3 is false as it is no longer a Fundamental Right. Option 4 is incorrect as it remains a valid constitutional right.

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PROVENANCE & STUDY PATTERN
Guest preview
Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. What is the position of the Right to Property in India? [A] Legal right available to citizens only [B] Legal right available to any per…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10
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This is a textbook 'Sitter' derived directly from the standard 'Rights outside Part III' section in Laxmikanth. It tests two specific pivots: the status change (Fundamental -> Legal via 44th Amd) and the beneficiary scope ('Citizen' vs 'Person'). If you missed this, you aren't reading the *subject* of the Constitutional Articles carefully.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Is the Right to Property in India a legal right available only to citizens?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property."
Why this source?
  • Directly states the constitutional provision that tied property rights under Article 19 to citizens.
  • Shows Article 19 specifically 'guaranteed to all citizens the right to acquire, hold and dispose of property', implying that provision was limited to citizens.
Web source
Presence: 4/5
"The right to property which was listed as Article 31 was omitted by the Forty-fourth constitutional Amendment, 1978. However, the right to property is still a constitutional right – prohibiting state governments from compulsorily acquiring citizens’"
Why this source?
  • Notes the removal of Article 31 as a fundamental right but describes the current constitutional protection in terms of 'citizens'.
  • Implicates that the modern constitutional protection against compulsory acquisition is framed with reference to citizens' property.
Web source
Presence: 4/5
"Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India."
Why this source?
  • States the general principle that some fundamental rights are available only to citizens while others apply to all persons.
  • Provides context that property-related rights under certain Articles were among rights tied specifically to citizenship.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > PRESENT POSITION OF RIGHT TO PROPERTY > p. 102
Strength: 5/5
“Originally, the right to property was one of the seven fundamental rights under Part m of the Constitution. It was dealt with by Article 19(1) (I) and Article 31. Article 19(1)(1) guaranteed to every citizen the right to acquire, hold and dispose of property. Article 31 , on the other hand, guaranteed to every person, whether citizen or non-citizen, the right against deprivation of his/her property. It provided that no person shall be deprived of his/her property except by authority of law. Since the commencement of the Constitution, the Fundamental Right to Property has been the most controversial. It has caused confrontations between the Supreme Court and the Parliament.”
Why relevant

Explains original split: Article 19(1)(f) (a citizens' right) vs Article 31 (a right 'to every person, whether citizen or non-citizen').

How to extend

A student could use this pattern (citizen-only under Article 19; 'person' under Article 31) to ask whether the post‑amendment legal right keeps the 'person' scope or adopts a citizen-only scope by checking Article 300‑A's wording.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > III I Fundamental Rights > p. 30
Strength: 5/5
“Part III of the Indian Constitution guarantees six fundamental rights to all the citizens: | (a) Right to Equality Articles 14-18| | (b) Right to Freedom Articles 19-22| | (c) Right against Exploitation Articles 23-24| | (d) Right to Freedom of Religion Articles 25-28| | (e) Cultural and Educational Rights Articles 29-30| | (f) Right to Constitutional Remedy Article 32| Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A in Part XII of the constitution.”
Why relevant

States that the Right to Property was removed as a Fundamental Right by the 44th Amendment and 'is made a legal right under Article 300‑A'.

How to extend

One could compare the scope language of Article 300‑A with former Article 31 or with other rights retained as 'person' vs 'citizen' to infer applicability.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > III Protection of Six Rights > p. 85
Strength: 4/5
“Article 19 guarantees to all citizens the six rights. These are: • (i) Right to freedom of speech and expression. • (ii) Right to assemble peaceably and without arms. • (iii) Right to form associations or unions or co-operative societies. • (iv) Right to move freely throughout the territory of India. • (v) Right to reside and settle in any part of the territory of India. • (vi) Right to practice any profession or to carry on any occupation, trade or business. Originaly, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of J 978.”
Why relevant

Notes that Article 19 originally included the right to acquire, hold and dispose of property as a right guaranteed to 'all citizens' (Article 19 guarantees to all citizens the six rights).

How to extend

Use the rule that Article 19 rights are explicitly citizen‑limited to question whether any successor legal right has preserved or removed that citizen‑limit.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 98
Strength: 4/5
“Thus- (a) Some of the fundamental rights are granted only to citizens-(i) Protection from discrimination on grounds only of religion, race, caste, sex or place of birth [Article 15]; (ii) Equality of opportunity in matters of public employment [Article 16]; (iii) Freedoms of speech, assembly, association, movement, residence and profession [Article 19]; (iv) Cultural and educational rights of minorities [Article 30]. (b) Some of the fundamental rights, on the other hand, are available to any person on the soil of India-citizen or foreigner-(i) Equality before the law and equal protection of the Laws [Article 14]; (ii) Protection in respect of conviction against ex post facto laws, double punishment and self-incrimination [Article 20]; (iii) Protection of life and personal liberty against action without authority of law [Article 21]; (iv) Right against exploitation [Article 23]; (v) Freedom of religion [Artic III.”
Why relevant

Gives a general rule distinguishing fundamental rights that are citizen‑only and those available to any 'person' on Indian soil.

How to extend

Apply this distinction as a template: check whether the legal right under Article 300‑A is framed like the 'person' category or the 'citizen' category.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > own and to dispose it freely, limited only by: (a) reasonable I. The Constitution restrictions to serve the exigencies of public welfare; and (b) of 1949. any other reasonable restrictions that may be imposed by > p. 150
Strength: 3/5
“Article 39, further, declares, as a fundamental right, that: The citizens'... homes are inviolable. The net result of the foregoing provisions seems to be that the state cannot take away an individual's dwelling house and similar personal property, even by legislation, so that no question of compensation for compulsory acquisition may arise. In view of the drastic effects of the abolition of Articles 19(1)(f) and 31(2), some jurists in India have put forth their belief that the Supreme Court would come to the rescue of the expropriated owners by holding that notwithstanding the omission of such constitutionally guaranteed right to compensation, the”
Why relevant

Discusses consequences of removing Articles 19(1)(f) and 31(2) and juristic views about protection of property after those deletions.

How to extend

A student could use this historical pattern to investigate whether post‑44th Amendment protections (Article 300‑A) were intended to keep property protection broad (persons) or narrower (citizens).

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Statement analysis

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Statement analysis

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SIMILAR QUESTIONS

NDA-I · 2016 · Q84 Relevance score: 4.14

The citizens of India do not have which one of the following Fundamental Rights ?

CDS-II · 2009 · Q80 Relevance score: 3.92

Which one of the following rights conferred by the constitution of India is also available to non-citizens?

NDA-I · 2019 · Q83 Relevance score: 3.86

Fundamental right guaranteed under which one of the following Articles of the Constitution of India is available only to the citizens of India?

NDA-I · 2014 · Q57 Relevance score: 3.76

Which of the following statements are true for the Fundamental Right to Life and Personal Liberty as guaranteed under Article 21 of the Constitution of India? 1. The Right is available to citizens as well as aliens. 2. It covers protection against arbitrary executive and legislative action. 3. It includes the right to live with human dignity. 4. It can be taken away according to the procedure established by law. Select the correct answer using the code given below.

IAS · 2005 · Q114 Relevance score: 2.95

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?