UPSC Prelims 2005 Q48: Indian Polity – Fundamental Rights
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
Centre by the 44th Constitutional Amendment.
Which of the statements given above is/are correct?
- (a) 2 only
- (b) 2 and 3
- (c) 1 and 3
- (d) 1, 2 and 3
Answer: (a) 2 only
Explanation
Right to Property
| Statement | Verdict |
|---|---|
| 1. Article 301 is the Right to Property | False: Article 301 is freedom of trade, commerce and intercourse |
| 2. Legal right but not a Fundamental Right | True — Article 300A since 1978 |
| 3. 300A inserted by Congress government | False: inserted by the Janata government (44th Amendment, 1978) |
Only statement 2 is correct. The Right to Property is a legal (constitutional) right under Article 300A.
Answer: (a) 2 only.
Why each option is right or wrong
- (a) CORRECT. Only statement 2 is correct.
- (b) Incorrect. Statement 3 names the wrong government.
- (c) Incorrect. Statements 1 and 3 are both false.
- (d) Incorrect. Statements 1 and 3 are false.
Key point
44th Amendment (1978, Janata): property removed from Article 19 and 31; 300A added.
Remember
Right to Property is a legal right under Article 300A.
Common mistakes
- Confusing Article 301 (trade) with property.
- Attributing the 44th Amendment to the Congress.
- Thinking Right to Property is still a Fundamental Right.
Exam tip
Article 300A: legal right; Article 301: trade freedom.
Sources
- Constitution of India — Part XII; 44th Amendment
- Constitution (Forty-fourth Amendment) Act, 1978
- M. Laxmikanth — Indian Polity (Fundamental Rights)