Question

What is the position of the Right to Property in India ?
1. Legal right available to citizens only
2. Legal right available to any person
3. Fundamental Right available, to citizens only
4. Neither Fundamental Right nor legal right

Answer 1

Correct Answer - Option 2 : Legal right available to any person

The correct answer is a Legal right available to any person.

• The property right was deleted from the list of Fundamental Rights by the 44thAmendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution. It is not an exclusive legal right offered to citizens. Hence, Option 2 is correct.
• By 44thAmendment Act, 1978 inserted Article 300A in a new chapter IV of Part XII of the Constitution, thereby depriving the ‘right to property of its ‘fundamental right’ status.
• Article 300 A of the constitution of India says that a person shall not be deprived of his property save by authority of law.

• Forty-Fourth Amendment Act, 1978
  • Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
  • Restored the provisions about the quorum in the Parliament and state legislatures.
  • Omitted the reference to the British House of Commons in the provisions about the parliamentary privileges.
  • Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
  • Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
  • Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
  • Restored some of the powers of the Supreme Court and high courts.
  • Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
  • Made the President declare a national emergency only on the written recommendation of the cabinet.
  • Made certain procedural safeguards for a national emergency and President’s rule.
  • Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
  • Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
  • Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister, and the Speaker of the Lok Sabha.