Correct Answer - Option 3 : 44th
The 44th Amendment of 1978 removed the right to property from the list of fundamental rights. A new provision, Article 300-A, was added to the constitution, which provided that “no person shall be deprived of his property save by authority of law”.
44th Amendment made a few changes in the provisions of the constitution. They are given in points below:
- Any changes in the basic structure of the constitution can be made only if they are approved by the people of India by a majority of votes at a referendum in which at least fifty-one percent of the electorate participated. Article 368 is being amended to ensure this.
- The 44th Amendment Act of 1978 reversed the provision made by the 42nd amendment act that allowed the government to amend the constitution on its wish by Article 368. 44th Amendment Act nullified this unjustified power to the government.
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Right to Property was removed from the list of fundamental rights (Article 31) and was made a legal right under Article 300A.
- Proclamation of Emergency can be issued only when the security of India or any part of its territory is threatened by war or external aggression or by armed rebellion. Internal disturbance not amounting to armed rebellion would not be a ground for the issue of a Proclamation.
- An emergency can be proclaimed only on the basis of written advice tendered to the President by the Cabinet.
- The right to liberty is further strengthened by the provision that law for preventive detention cannot authorize, in any case, detention for a longer period than three months, unless an Advisory Board has reported that there is sufficient cause for such detention.
- Right of the media to report freely and without censorship the proceedings in Parliament and the State Legislatures.
Thus, we can say that after the 44th Amendment of the Constitution, the Right to a property is not a fundamental right.
