CAPF AC 2021 Q47: Indian Polity – Fundamental Rights
- (a) Right to equality
- (b) Right against exploitation
- (c) Right to property
- (d) Right to carry on trade and business
Answer: (c) Right to property
Explanation
Is the right to property a fundamental right?
How to think: remember the 44th Amendment Act, 1978.
It removed the right to property from Part III.
So it is no longer a fundamental right.
| Right | Article | Fundamental right today? |
|---|---|---|
| Right to equality | Articles 14 to 18 | Yes |
| Right against exploitation | Articles 23 and 24 | Yes |
| Right to carry on trade and business | Article 19(1)(g) | Yes |
| Right to property | Earlier Articles 19(1)(f) and 31 | No |
What it is now: a constitutional (legal) right under Article 300A in Part XII.
No person shall be deprived of property save by authority of law.
Answer: (c) Right to property.
Why each option is right or wrong
- (a) Incorrect. The right to equality is guaranteed by Articles 14 to 18.
- (b) Incorrect. The right against exploitation is guaranteed by Articles 23 and 24.
- (c) CORRECT. The right to property was removed from the fundamental rights in 1978.
- (d) Incorrect. The right to trade and business is part of Article 19(1)(g).
Key point
44th Amendment Act, 1978: deleted Article 19(1)(f) and Article 31; inserted Article 300A. Right to property is now a legal or constitutional right, not a fundamental right.
Remember
Property: Article 300A, a legal right since 1978.
Common mistakes
- Thinking the right to property is still a fundamental right in Part III.
- Saying the 42nd Amendment removed it; it was the 44th Amendment.
- Doubting the right to trade and business, which is in Article 19(1)(g).
Exam tip
Educated guess: equality and the right against exploitation are two of the six headings of fundamental rights, so they stay. Property is the one right famous for being removed.
Sources
- Constitution of India — Part III and Article 300A; the Constitution (Forty-fourth Amendment) Act, 1978
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 2: Rights in the Indian Constitution