Which of the following Amendment Act of the Constitution deleted the Right to Property from the list of Fundamental Rights ?
- (a)37th Constitution Amendment Act 1975
- (b)38th Constitution Amendment Act 1975
- (c)44th Constitution Amendment Act 1978
- (d)42nd Constitution Amendment Act 1976
Correct — C, the 44th Constitution Amendment Act, 1978. It removed the Right to Property from Part III by deleting Article 19(1)(f) and Article 31, so property ceased to be a Fundamental Right. The same amendment inserted Article 300A in Part XII, where the Right to Property survives as a constitutional/legal right — 'No person shall be deprived of his property save by authority of law.' It was enacted under the Janata Party (Morarji Desai) government.
- (a)37th Constitution Amendment Act 1975 — The 37th Amendment (1975) dealt with the Union Territory of Arunachal Pradesh (its Legislative Assembly and Council of Ministers), not the Right to Property.
- (b)38th Constitution Amendment Act 1975 — The 38th Amendment (1975) barred judicial review of the proclamation of Emergency and of Ordinances; it did not touch the Right to Property.
- (d)42nd Constitution Amendment Act 1976 — The 42nd Amendment (1976) — the 'mini-Constitution' — added Fundamental Duties and the words Socialist/Secular/Integrity to the Preamble; the deletion of the Right to Property came two years later with the 44th.
The Right to Property was originally a Fundamental Right under Article 19(1)(f) (to acquire, hold and dispose of property) and Article 31 (protection against deprivation). Because it repeatedly clashed with land-reform and redistribution laws, the 44th Amendment Act, 1978 took it out of Part III and re-located it as Article 300A — now a legal/constitutional right, not a Fundamental Right.
The trap is choosing the 42nd Amendment (1976) because it is the most famous constitutional overhaul of that era. But the 42nd added duties; it was the 44th that subtracted the property right. Anchor the fact by pairing '44th Amendment' with 'Article 300A'.
- 44th Amendment Act, 1978 deleted Article 19(1)(f) and Article 31
- Right to Property now sits in Article 300A (Part XII) as a legal/constitutional right
- It is no longer directly enforceable in the Supreme Court under Article 32 as a Fundamental Right
- Enacted by the Janata Party government led by Morarji Desai
The 44th Amendment (1978) moved the Right to Property out of Part III into Article 300A.
- Confusing the 42nd Amendment (added duties) with the 44th (removed the property right)
- Assuming the Right to Property was abolished — it survives, only as a legal right under Article 300A
MPPSC and UPSC both test this as 'which amendment did X' or 'the present form/Article of the Right to Property'. Lock the pair: 44th Amendment (1978) ↔ Article 300A.
Consider the following statements: 1. Article 301 pertains to the Right to Property. 2. Right to Property is a legal right but not a Fundamental Right. 3. Article 300 A was inserted in the Constitution of India by the Congress Government at the Centre by the 44th Constitutional Amendment. Which of the statements given above is/are correct?
- (a) 2 only
- (b) 2 and 3
- (c) 1 and 3
- (d) 1, 2 and 3
Answer(a) 2 only — the Right to Property is a legal right, not a Fundamental Right.
Same concept — the 44th Amendment made property a legal right (Article 300A), not a Fundamental Right (statement 3 is wrong only in crediting the Congress government).
In present times, Right to Property has been accepted in the Indian Constitution in which of the following forms?
- (a) Fundamental Right
- (b) Directive Principles of State Policy
- (c) Human Right
- (d) Legal Right
Answer(d) Legal Right
MPPSC re-tested the flip side of the same fact — the Right to Property now exists as a legal right, the direct result of the 44th Amendment.
- practice — not a real PYQ
The Right to Property today is protected under which Article of the Constitution?
- (a)Article 19(1)(f)
- (b)Article 31
- (c)Article 21
- (d)Article 300A
Answer(d) Article 300A — a legal/constitutional right in Part XII.
- practice — not a real PYQ
After the 44th Amendment, the Right to Property is best described as:
- (a)a Fundamental Right
- (b)a Directive Principle of State Policy
- (c)a legal / constitutional right
- (d)a Preambular ideal
Answer(c) a legal / constitutional right under Article 300A.