Jasvin ThinksPracticeMock testsCurrent affairs

UPSC Prelims 2021 Q92: Indian Polity – Fundamental Rights

UPSC Prelims 2021, General Studies Paper I · Indian Polity

What is the position of the Right to Property in India?
  1. (a) Legal right available to citizens only
  2. (b) Legal right available to any person
  3. (c) Fundamental Right available to citizens only
  4. (d) Neither Fundamental Right nor legal right

Answer: (b) Legal right available to any person

Explanation

Right to Property in India: Current Status

FeatureDetail
Original status (1950-1978)Fundamental Right under Articles 19(1)(f) and 31
Change (1978)44th Constitutional Amendment (1978) DELETED Articles 19(1)(f) and 31; MOVED property from Part III (FR) to a new Article 300A (Constitutional/Legal Right) in Part XII
Current statusLEGAL RIGHT available to ANY PERSON (citizen or non-citizen) under Article 300A
Wording of Article 300A'No person shall be deprived of his property save by authority of law' - protects both citizens and non-citizens

Answer: (b) Legal right available to any person.

Since 1978, Right to Property is a legal/constitutional right (not a fundamental right) available to ANY PERSON (not just citizens). Violation can be challenged in High Court under Article 226, but NOT under Article 32 (which is only for FR violations).

Why each option is right or wrong

Key point

Right to Property = LEGAL RIGHT (Article 300A after 44th Amendment 1978) available to ANY PERSON (citizen or non-citizen). NOT a Fundamental Right anymore. Violations under Article 226 (HC), not Article 32 (SC). Deprivation only 'by authority of law'.

Remember

The Right to Property in India is currently a LEGAL/CONSTITUTIONAL RIGHT (under Article 300A after the 44th Constitutional Amendment 1978) available to ANY PERSON - citizen or non-citizen. It is no longer a Fundamental Right. Correct answer: (b) Legal right available to any person.

Common mistakes

Exam tip

44th Amendment (1978) key changes: (i) Property Right moved from FR to Article 300A (legal right); (ii) Fundamental Rights cannot be abridged by executive/state action; (iii) Restored some Emergency-era safeguards; (iv) Removed reference to 'socialist' from proportional representation. Enacted by Janata government post-Emergency.

Sources

Practise UPSC Prelims PYQsTake a timed mock