Correct option is B
The Right to Property is not a fundamental right under the Constitution of India. Originally, it was included as a fundamental right under Article 31 in Part III of the Constitution. However, through the 44th Constitutional Amendment Act, 1978, it was removed from the list of fundamental rights and made a legal right under Article 300A in Part XII of the Constitution.
In contrast, the Right to Freedom (Articles 19–22), Right to Equality (Articles 14–18), and Cultural and Educational Rights (Articles 29–30) are still recognized as fundamental rights. These rights are enforceable by courts and form the bedrock of democratic citizenship in India.
Information Booster:
· The 44th Amendment Act, 1978 reclassified the Right to Property from a fundamental right to a constitutional/legal right.
· Article 300A states: "No person shall be deprived of his property save by authority of law."
· Fundamental rights are enforceable by the Supreme Court under Article 32.
· There are six fundamental rights in the Indian Constitution after the removal of the Right to Property.
· Fundamental Rights are guaranteed to all citizens, whereas legal rights may or may not apply to all.
Additional Knowledge:
· Right to Freedom: Includes multiple freedoms such as speech, expression, assembly, association, movement, residence, and profession. It is enshrined under Articles 19 to 22. These are essential to ensure the free and democratic participation of individuals in civil society.
· Right to Property: Initially a fundamental right under Article 31, it faced criticism for causing hurdles in land reform and acquisition for public welfare. After the 44th Amendment, it was downgraded to a legal right. Violations of Article 300A can be challenged in High Courts but not directly in the Supreme Court under Article 32.
· Right to Equality: Provided under Articles 14 to 18, this right ensures equality before the law and equal protection of laws. It abolishes untouchability (Article 17) and prohibits discrimination based on religion, race, caste, sex, or place of birth (Article 15).
· Cultural and Educational Rights: Found in Articles 29 and 30, they protect the rights of minorities to preserve their culture and establish educational institutions. Article 30 gives religious and linguistic minorities the right to establish and administer their educational institutions.