UPSC CSE Prelims
Constitutional Rights Previous Year Questions (PYQs)
Practice solved questions for Constitutional Rights with detailed step-by-step solutions, key insights, and trend analysis for UPSC CSE PRELIMS.
Solved Previous Year Questions
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What is the position of the Right to Property in India?
Detailed Explanation:
Answer: Option 2 — Legal right available to any person
The Right to Property is currently a constitutional (legal) right available to any person (not just citizens) under Article 300-A. It was a Fundamental Right under Articles 19(1)(f) and 31 until the 44th Constitutional Amendment Act, 1978 removed it from Part III and placed it under Part XII as Article 300-A, which states: "No person shall be deprived of his property save by authority of law."
📝 Short Notes: Right to Property — Constitutional Evolution
| Period | Status | Constitutional Provision | Key Features |
|---|---|---|---|
| 1950-1978 | Fundamental Right | Article 19(1)(f) and Article 31 | • Available to citizens only • Right to acquire, hold, and dispose of property • Compensation mandatory for acquisition |
| After 1978 | Legal/Constitutional Right | Article 300-A (Part XII) | • Available to any person (citizens and non-citizens) • Deprivation only by authority of law • No mandatory compensation clause |
- 44th Amendment Act, 1978: Removed Articles 19(1)(f) and 31; inserted Article 300-A
- Article 300-A: "No person shall be deprived of his property save by authority of law"
- Significance: Right to property is still protected but not a Fundamental Right; cannot be enforced through Article 32
- Compensation: Government decides quantum; not judicially reviewable on amount
- Applicability: Extends to all persons including foreigners and legal entities
Which one of the following statements is correct?
Detailed Explanation:
Answer: Option 3 — Rights are claims of the citizens against the State.
Rights are fundamental entitlements that empower citizens to make legitimate claims against the State, ensuring protection of their freedoms and access to essential services. The State has a constitutional duty to respect, protect, and fulfill these rights, which serve as a safeguard against arbitrary state action.
❌ Option 1 – Incorrect: Rights are not claims of the State against citizens; rather, the State has obligations to protect citizens' rights.
❌ Option 2 – Incorrect: Rights are not mere privileges but fundamental entitlements guaranteed to all citizens, though many are incorporated in the Constitution.
✅ Option 3 – Correct: Rights represent legitimate claims that citizens can make against the State to ensure their freedoms and entitlements are protected and fulfilled.
❌ Option 4 – Incorrect: Rights are universal entitlements for all citizens, not privileges limited to a few, embodying the principle of equality.
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