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The 'right to property' is a:
Question

The 'right to property' is a:

A.

No right at all

B.

Fundamental right

C.

Legal right

D.

Spiritual right

Correct option is C

The Correct Answer Is: (C) Legal Right
Explanation:
The Right to Property was originally a Fundamental Right under Article 31 of the Indian Constitution. However, through the 44th Constitutional Amendment Act of 1978,
it was removed from the list of Fundamental Rights and made a Legal Right under Article 300A. This means that:
  • Citizens do not have the right to approach the Supreme Court under Article 32 for the enforcement of the Right to Property.
  • However, if the government unlawfully takes away a person's property, they can seek legal remedies in High Courts or lower courts.
Additional Knowledge:
  • Article 300A states: "No person shall be deprived of his property except by authority of law."
  • This means that the government can take private property for public welfare but only through legal procedures and compensation.
  • Fundamental Rights can be enforced against the State, but Legal Rights can be modified or abolished by ordinary laws.
  • The main reason for removing the Right to Property as a Fundamental Right was to make it easier for the government to acquire land for development projects.

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