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Which of the following fundamental rights has been amended as a constitutional right in the form of Article 300A in the new Chapter IV Part XII of the Indian Constitution?
Cultural and Educational Rights
Right to Freedom of Religion
Right against Exploitation
Right to Property
Right to Property
The Right to Property was originally a Fundamental Right under Article 31 and Article 19(1)(f) of the Indian Constitution. It was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act, 1978, and relegated to a constitutional right under Article 300A in Part XII, which states that no person shall be deprived of his property save by authority of law.
The Right to Property was originally a Fundamental Right under Article 31 and Article 19(1)(f) of the Indian Constitution. It was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act, 1978, and relegated to a constitutional right under Article 300A in Part XII, which states that no person shall be deprived of his property save by authority of law.
44th Constitutional Amendment Act, 1978; Article 300A.
The 44th Amendment was enacted by the Janata Party government led by Morarji Desai.
Article 300A ensures that property cannot be seized by the state without specific legal authorization.
Prior to this amendment, the Right to Property was a major point of conflict between the Judiciary and the Parliament regarding land reform laws.
As a legal right, it can be curtailed or modified by the legislature through ordinary legislation, unlike a Fundamental Right which requires a constitutional amendment.
The removal of the Right to Property marked the end of it being a justiciable right protected by the Supreme Court under Article 32.
Cultural and Educational Rights are covered under Articles 29 and 30.
Right to Freedom of Religion is covered under Articles 25 to 28.
Right against Exploitation is covered under Articles 23 and 24.
D is correct тАФ The Right to Property was moved from Part III (Fundamental Rights) to Article 300A in Part XII via the 44th Amendment Act, 1978.
When studying Fundamental Rights, always group them by their current status; remember that the 44th Amendment is often tested alongside the 42nd Amendment (Mini-Constitution) as they represent major polar shifts in constitutional power balance.
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