Correct Answer - Option 3 : 1978
The correct answer is 1978.
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Right to Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978.
- It was made a Constitutional right under Article 300A.
- Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.
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The concept of property and ownership are very closely related to each other.
- The two are mutually interdependent and correlative.
- One necessary implies the existence of the other.
- There can be no property without ownership and no ownership without property.
- The Supreme Court has said in Commissioner, Hindu Religious Endowment V. K. Lakshmindra, that there is no reason why the word ‘property’ as used in Article 19(1) (f) of the constitution should not be given a liberal and wide connotation and should not be extended to those well-recognised types of interests which have the insignia or characteristic of proprietary rights.
- After the Indian Independence, when the Constitution of India came into force on 26th January 1950, the right to property was included as a ‘fundamental right’ under Article 19(1)(f) and Article 31 in Part III, making it an enforceable right.
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Thereafter, Parliament passed the Constitution 44th Amendment which made the right to property an ordinary legal right under Article 300-A.
