Prelims 2021 · Polity and Constitution · Question 92
What is the position of the Right to Property in India?
Answer
Legal right available to any person
- (a) Legal right available to citizens only — Incorrect. Article 300A says no person shall be deprived of property save by authority of law; it is not confined to citizens.
- (b) Legal right available to any person — Correct. After the 44th Constitutional Amendment, the Right to Property ceased to be a Fundamental Right and survives as a constitutional/legal right under Article 300A, available to any person.
- (c) Fundamental Right available to citizens only — Incorrect. It was earlier a Fundamental Right under Articles 19(1)(f) and 31, but that status was removed in 1978.
- (d) Neither Fundamental Right nor legal right — Incorrect. It is not a Fundamental Right, but it is still protected as a constitutional/legal right.
Answer: (b)