UPSC Prelims 2021 Q92: Indian Polity – Fundamental Rights
- (a) Legal right available to citizens only
- (b) Legal right available to any person
- (c) Fundamental Right available to citizens only
- (d) Neither Fundamental Right nor legal right
Answer: (b) Legal right available to any person
Explanation
Right to Property in India: Current Status
| Feature | Detail |
|---|---|
| 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 status | LEGAL 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
- (a) Incorrect. Right to Property is available to ANY PERSON (citizen or foreigner), not only citizens.
- (b) CORRECT. Right to Property is a LEGAL/CONSTITUTIONAL RIGHT (under Article 300A after 44th Amendment 1978) available to ANY PERSON - citizen or non-citizen. It is no longer a fundamental right; violations go to High Court under Article 226, not Article 32.
- (c) Incorrect. Right to Property is NO LONGER a Fundamental Right (removed by 44th Amendment 1978).
- (d) Incorrect. It IS a legal/constitutional right under Article 300A.
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
- Assuming Right to Property is still a Fundamental Right. Removed from Part III by 44th Amendment 1978.
- Confusing legal rights available to ALL persons (like Article 300A) with FR available only to CITIZENS (like Article 19).
- Not knowing violations of Article 300A go to HC under Article 226 (writ jurisdiction), not to SC under Article 32.
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
- Constitution (Forty-Fourth Amendment) Act, 1978
- Article 300A of the Constitution of India