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When the Right to Property was removed from our 'fundamental rights' and was made a 'legal right'?
Question

When the Right to Property was removed from our 'fundamental rights' and was made a 'legal right'?

A.

1978

B.

1979

C.

1968

D.

1976

Correct option is A

The correct answer is (a) 1978

Explanation:

  • The Right to Property (Article 31) was originally a Fundamental Right under Part III 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 in Part XII of the Constitution.

Information Booster:

Right to Property in India

Before the 44th Constitutional Amendment (1978)

  • Included in Fundamental Rights under Part III of the Constitution.
  • Article 19(1)(f): Gave citizens the right to acquire, hold, and dispose of property.
  • Article 31: Guaranteed protection against deprivation of property, making the right absolute.
  • Conflict: These provisions restricted the state's ability to acquire property for public welfare.

Impact of the 44th Amendment (1978)

  • Articles 19(1)(f) & 31 were abolished, and a revised version of Article 31 was inserted as Article 300-A.
  • This downgraded the right to property from a fundamental right to a legal/constitutional right.

Article 300-A: Key Provisions

  • States: “No person shall be deprived of his property except by authority of law.”
  • Grants the government power to acquire property only through a valid legal process for public welfare.

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