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
Question 1 of 2 Constitutional Rights
Practice PYQ questions from this topic across all years
First question in this topic
Which one of the following statements is correct?